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Fire rescue sues over possible sinkhole

The Spring Hill district's insurance company denies a hole beneath a new building is a sinkhole and has refused to pay to fill it, attorneys say.

By JENNIFER FARRELL, Times Staff Writer
© St. Petersburg Times
published April 15, 2002


SPRING HILL -- In an ongoing bid to recover costs related to a sinkhole growing under its new vehicle maintenance building, the Spring Hill Fire Rescue District has sued its insurance company for damages and has halted repairs, pending a structural evaluation.

In January, commissioners declared the sinkhole an emergency and voted to spend $75,000 to fix it. But after hiring a New Port Richey law firm that specializes in sinkhole claims, the district has backed off somewhat on the overhaul.

"It's in the attorneys' hands," said Chief J.J. Morrison. "They wanted their people to come in and evaluate the damage."

The insurance company denies the opening in the ground is a sinkhole and has refused to pay to fill it, the attorneys say.

On Tuesday, engineers hired by the Marshall, LeValley & Napolitano law firm inspected the building to determine the extent of the problem.

The lawsuit filed against American Alternative Insurance Corp. in Hernando County Circuit Court seeks more than $15,000 in damages, including engineering and legal fees.

Attorney Peter Napolitano said his firm has agreed to take the case on a contingency basis.

"We have to wait to see what it would cost to repair this," he said. "This should not cost the good people of the county of Hernando one penny."

At issue, Napolitano said, is how the damage was caused and how best to fix it.

Representatives of American Alternative could not be reached for comment.

Napolitano said the insurer is responsible for damage to the building, which he said has sustained cracks in the foundation as well as in the rear driveway.

Late last year, a ground-penetrating radar study performed by All Coast Engineering Inc. of Brooksville showed sinkhole activity stretching 30 feet below ground.

The district followed the engineering firm's preliminary recommendation to fill the hole, which appeared at the back of the building on Bob Hartung Court near a thick, concrete slab driveway.

But the report also warned of impending trouble, especially with heavy rain.

The building, finished in 2000 at a cost of roughly $300,000, has had problems almost from the beginning.

The district first went out to bid for the project in May 1999, but the low bid came in $120,000 higher than expected. Commissioners then scaled back plans and rebid, accepting a low offer of $210,000.

Construction was expected to begin in early 2000, but delays lasted through the summer as costs mounted. Eventually, the contractor went bankrupt, causing more delays.

Commission chairman Bob Kanner said this week he is satisfied that the building is in no immediate danger and can be saved.

"We did put a Band-Aid on it," he said. "I'm not worried about the building sinking."

-- Jennifer Farrell covers Spring Hill and can be reached at 848-1432. Send e-mail to farrell@sptimes.com.

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