Homeowner stands ground in lawsuit against utility company - WAFF-TV: News, Weather and Sports for Huntsville, AL

Homeowner stands ground in lawsuit against utility company

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A homeowner is standing his ground in a lawsuit against Huntsville Utilities. (Source: File video) A homeowner is standing his ground in a lawsuit against Huntsville Utilities. (Source: File video)
HUNTSVILLE, AL (WAFF) -

A Huntsville homeowner faced with a utility bill of nearly $24,000 is standing his ground in a lawsuit against Huntsville Utilities.

The utility company is demanding the payment from the homeowner who is current on his bill, over a dispute involving an 2009 accident where a wooden power pole was damaged, according to a lawsuit filed in Madison County.

In the lawsuit, the homeowner claims the pole was damaged after he lost control of his car traveling down Highway 72 and Slaughter Road.

The lawsuit goes further to state Huntsville Utilities replaced the wooden pole with a concrete pole and demanded payment of $23,627 from Jose Guerrero-Guardiola, Juan Guerrero-Guardiola and Jennie Hutto.

Hutto sold the home to the Guardiola family but at the time of the sale, Hutto did not turn off the utilities to the residence.

The lawsuit claims the homeowner did have current insurance at the time the pole was damaged with Access Insurance, however, access denied Huntsville Utilities claim for payment, due to lack of information provided for the amount difference to replace a wooden pole with a concrete one.

The lawsuit filed March 12, came just days after the power was turned off to the property over non-payment of $23,627 to Huntsville Utilities once the disputed funds for pole damage had been transferred the property owners utility bill, according to Attorney Chris Messervy.

The lawsuit claims negligence on the part of Huntsville Utilities, breach of contract, and misconduct among several other claims that the utility unlawfully transferred the amount after the statue of limitations ran out on seeking payment.

A Huntsville Utilities spokesman declined to comment on the lawsuit, citing it's against policy to discuss litigation. 

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