Burlingame sued over Bayshore flooding

“The city did not take steps it should have taken to prevent these floods or minimize the damage,” Andrew Britton, an attorney with the firm, said. “The costs of damage should not fall on the business operators and property owners who were subject to the flooding.”

Burlingame, in 2009, embarked on a $39 million storm drain improvements program, but according to the firm, did not update the Cowan Road pump station which was not operating during October’s atmospheric river events.

The claim states the city failed to “properly inspect, maintain or construct its sewer system which created further risk of flooding.”

The Cowan Road pump serves Malcolm, Mitten and Stanton roads. During the pump’s inoperation, the city installed smaller temporary pumps which proved insufficient, causing unpumped stormwater and overflowing sewer water several feet deep to enter multiple properties, according to the claim, which indicated the city received approximately 3.8 inches of rain in 24 hours Oct. 24.

The Bayshore area in question is a low-lying portion of the city and is within a special flood hazard area, according to Federal Emergency Management Agency classifications. The city has worked to establish special building requirements to address flood risks for new construction in the area.

According to Assistant City Attorney Scott Spansail, the city “recently received claims from multiple clients represented by the Cotchett, Pitre & McCarthy law firm” and the city “will investigate and process each claim pursuant to the government code and city policy.”

The Cotchett, Pitre & McCarthy firm is headed by Joe Cotchett, a prominent Bay Area trial lawyer. The firm also represented a family in 2017 that sued the city after their home flooded during heavy rainfall.

Flooding in December at a location a mile away in Millbrae left a couple dead after they became trapped in their submerged vehicle. An investigation into the cause of that flood is ongoing.