A lawsuit seeking $3 million in compensatory damages and $1 million in punitive damages has been filed against the Town of Bulls Gap.

The suit by Mary Neill Carmichael alleges breach of contract that led to the July 2008 death of her husband, Ronnie Carmichael, supervisor of the Mosheim sewer department.

The lawsuit states, "The actions of the defendant (Bulls Gap) were reckless and exhibit an indifference to safety of person and property so as to render the defendant liable for punitive damages."

The suit "seeks judgment against the defendant in an amount not to exceed $3 million for the injuries, pain and suffering, and wrongful death of Ronnie Carmichael, plus punitive damages not to exceed $1 million, plus costs, and requests a jury trial."

The lawsuit was filed July 27 in Greene County Circuit Court.

Greeneville attorney Kidwell King, who is Bulls Gap's attorney, said he had received the legal papers, and is reviewing them.

"The city of Bulls Gap has not had an opportunity to respond," King said, "but we will look into it and respond appropriately."

In essence, the lawsuit asserts that Bulls Gap was contractually bound to "treat its sewage with a chemical to reduce the amount of hydrogen sulfide and the dangers resulting from the high concentrations of hydrogen sulfide."

According to the suit, the town did so for a time, then stopped, creating the situation in which Carmichael died.

The lawsuit notes that, pursuant to a contract, Mosheim treated sewage generated by Bulls Gap at the time of Carmichael's death. That contractual arrangement continues.

The pump station is located near Exit 23 on Interstate 81.

Mrs. Carmichael's complaint notes that, "On July 28, 2008, Ronnie Carmichael was employed by the Town of Mosheim as supervisor of the sewer department.

"On said date, in the course and scope of his employment ... Carmichael was working on a pump station owned and operated by the Town of Mosheim."

The lawsuit states that "Carmichael, while working in (the pump station) which was receiving sewage from the defendant (Bulls Gap), was overcome by excessive concentrations of hydrogen sulfide and drowned in raw human sewage generated by the defendant Town of Bulls Gap and which had not been treated, or had not been adequately treated, to reduce levels of hydrogen sulfide."

The lawsuit does not mention it, but a co-worker, Jeremy Goforth, 21, also died, apparently while trying to bring Carmichael out of the pump station.

The lawsuit notes that the defendant, Bulls Gap, "had experienced odor problems with its sewer facilities, said problems being caused by excessive amounts of toxic gases, including but not necessarily limited to hydrogen sulfide ... a deadly and corrosive gas which is a known by-product of sewage treatment. There exist chemicals which may be used to reduce levels of hydrogen sulfide emitted by sewage."
The lawsuit further asserts that Bulls Gap "was aware of, and therefore had notice of, the proliferation of hydrogen sulfide and did, for a period of time, treat its sewage with a chemical to reduce the amount of hydrogen sulfide.

"The defendant was therefore in breach of its contract with the Town of Mosheim and under which Ronnie Carmichael was the known and intended beneficiary."

The complaint continues, "The defendant (Bulls Gap), as an operator of sewage facilities, was on notice of the dangers inherent in collecting and conveying sewage, including the dangers of increased levels of hydrogen sulfide.

"The defendant was further on notice of dangerous levels of hydrogen sulfide from the Town of Mosheim as well as by complaints of residents of the noxious odors emitted by the defendant's sewage facilities.

"As a result, the defendant did treat its sewage for a period of time, but had either ceased, or reduced, the treatment of its sewage at the time of the death of Ronnie Carmichael thereby permitting the level of hydrogen sulfide to increase to dangerous and deadly levels rendering it unreasonably dangerous."

The suit alleges, "As a result of the negligence and breach of contract by the defendant Town of Bulls Gap, Ronnie Carmichael, while working on a pump station, was overcome by the dangerous and toxic fumes emitted by the sewage transmitted by the defendant to the pump station, lost consciousness or was rendered unable to protect himself, became submerged in raw human sewage pouring into the pump station where he was working, and suffered a slow, painful and traumatic death by drowning in the sewage."