CHARLESTON — Waste Management of Charleston says it is not responsible for damage done to Vino's Bar and Grill when it was attempting to empty a dumpster last summer.
"The defendant denies any and all allegations against it contained in said complaint..." the answer and motion to dismiss states.
Waste Management argues that it took all actions which might be reasonable to have been expected of a person of ordinary prudence who desired to comply with the law, including, but not limited to, operating under a permit and the wrongful conduct, if any, was that of another party, individual or entity that isn't named in the complaint and not the wrongful conduct of the defendant.
Waste Management wants the complaint dismissed.
Vino's Bar & Grill filed the lawsuit against Waste Management of West Virginia claiming it damaged a public sidewalk and the restaurant's basement when it was trying to empty a dumpster, according to a complaint filed in Kanawha Circuit Court.
On Aug. 30, 2022, Waste Management went to empty the dumpster at the restaurant and when the driver was having trouble emptying it, they drove the vehicle onto the public sidewalk and attempted to empty the dumpster that way, according to the suit.
Vino's claims when the vehicle was on the sideway and attempted to empty the dumpster, the vehicle was forcibly lifted into the air, causing the front two tires to smash into the concrete sidewalk and cause extensive damage, including a massive hole, and damage to the basement of the restaurant that was located underneath the sidewalk.
"Due to the substantial amount of damage caused by the defendant...Vino's has been forced to close for the safety of its staff and patrons and therefore subjected to undue financial hardship at no fault of their own given the location of the damage to the concrete sidewalk which is directly in front of the entrance to Vino's," the complaint states.
Waste Management's negligence has caused substantial damage to Vino's basement that needs to be repaired, according to the suit.
Vino's claims the defendant was negligent and destroyed its property.
Vino's is seeking compensatory damages with pre- and post-judgment interest. It is being represented by Michael M. Cary of Cary Law Office in Charleston.
Waste Management is represented by Stephen F. Gandee of Robinson & McElwee in Clarksburg.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 22-C-804
