MOUNDSVILLE — A couple's lawsuit against Real estate owner are suing The Marshall County Coal Co. and Murray Energy Corporation, coal mining operators, alleges breach of duty, negligence and trespassing in connection with damages to the plaintiffs' land and home.
Randy Beresford and Jodie Beresford filed a complaint on June 7 in Marshall Circuit Court against the defendants, alleging that they failed to comply with the Surface Coal Mining and Reclamation Control Act.
According to the complaint, the plaintiffs allege that on March 3, 2015, the plaintiffs experienced a tremendous increase of water flowing from springs that caused flooding at their property, lasted for approximately 16 days and resulted in damages to their home and land. Their property was flooded again for several weeks starting on April 8, 2015, the suit says, also allegedly causing damage to their real estate, personal property and home. The plaintiffs holds The Marshall County Coal Co. and Murray Energy Corporation responsible because the defendants allegedly conducted coal mining operation under, near and adjoining the plaintiffs' property and recklessly diverted and altered the flow of water resources.
The plaintiffs request a trial by jury and seek judgment against the defendants for all damage, pre- and post-judgment interest, attorneys' fees and costs and such other relief as the court deems proper. They are represented by James G. Bordas, Jr. and Jeremy M. McGraw of Bordas & Bordas PLLC in Wheeling.
Marshall Circuit Court Case number 16-C-94C