CHARLESTON – The state Department of Transportation is suing a Fairmont company, alleging the company caused extension damage to a road in Marion County.

The agency, through Secretary Paul Mattox, filed a lawsuit May 4 in Kanawha Circuit Court against Fairmont Homes LLC.

The state claims that the company in Oct. 2007 was hauling a 16-foot modular home along Marion County Route 25/6 near McCurdysville.

The lawsuit said that the company was using "tracked equipment" to haul the home. The state claims that the company got a permit to conduct the work, which made it liable for any damage to the road.

The state alleges that the company caused "severe physical damage" to the surface and the base of the road in hauling the modular home. The state estimates the damage at around $43,000, according to the lawsuit.

The state is seeking the costs to repair the road plus legal fees.

Richard L. Earles is representing the plaintiff. The case is before Kanawha Circuit Judge Irene Berger.

Kanawha Circuit Court case number: 09-C-803

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