Published Dec. 7, 1968 in The Ledger Independent

The explosion which damaged Maysville’s sewage treatment facility on July 2, 1966, resulted Friday n a suit for $57,410.73 (with interest) brought by the City of Maysville against four defendants.

Named in the complaint were the two engineering firms which designed the plant, the construction company which built it and the insurance firm which had insured “faithful performance.”

The defendants are:

The B.G. Danis Co., Inc. Dayton, Ohio, which on Jan. 24, 1964, had agreed to construct the sewage plant;

The Fidelity and Deposit Co. of Maryland, Baltimore, which executed the performance bond for Danis and obligated itself in the penal sum of $573,368 to insure “faithful and proper performance” of the contract;

Horner and Shifrin Inc., St. Louis, Mo., which in July 1962 entered into contracts with the city to furnish and perform professional services connected with the design and construction of the system.

The complaint charges Horner and Maran (as listed subsequently in the suit) with having “carelessly and negligently” designed the sewage facilities and “carelessly and negligently” supervised the construction thereof. This resulted in the explosion, the complaint charged and caused the city to spend the sum of $20,932.58 to remedy, design and construction defects.

Carelessness and negligence were charged also to Danis with the result, said the city, the difference in the fair value of the plant after the explosion than before the explosion had amounted to $36,478.15.

The city seeks judgment with interest as allowed by the law as well as for costs expended in the action.

Attorney John H. Clarke Jr. filed the action as attorney fr the city. Co-counsel with Attorney Clarke for the city is the Louisville legal firm of Ogden, Robertson and Marshall.

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