CHARLESTON — A second lawsuit has been filed against Mountaineer Gas Company for a gas leak and explosion that caused damages.
Patty's Inc., which is doing business as Judy's, alleged a gas leak caused an explosion on July 18, 2021, after the gas company failed to inspect, test, monitor, repair, warn and/or otherwise use reasonable care to make the gas line safe, according to a complaint filed in Kanawha Circuit Court.
"The explosion was caused to occur because of the negligent and/or reckless actions and/or omissions of ... Mountaineer," according to the suit. "As a direct and proximate result of the negligence and recklessness of defendant Mountaineer, Plaintiff sustained substantial damage to the Premises and the contents therein."
As a direct and proximate result of the negligence and recklessness of the defendant, the plaintiff sustained damages in excess of $669,371.42, according to the suit.
Judy's is seeking damages in the above amount, as well as punitive damages. The business is represented by Charles R. Steele of Steele McMunn in Clarksburg and John W. Alderman III of the Law Offices of John W. Alderman III in Charleston.
A previous lawsuit was filed against Mountaineer Gas for the gas leak and explosion. That case involved Janet Danberry, who was injured on July 18, 2021, while on the premises of Judy's, according to a complaint filed in Kanawha Circuit Court.
Danberry claims prior to that date, Mountaineer had installed gas lines in the Beaver Plaza.
Mountaineer Gas owed a duty to install, inspect, monitor, service, maintain and test its gas lines pursuant to gas safety statutes and failed to do so, according to the suit.
Danberry claims she was working at Judy's on July 28, 2021, and a puncture hole was made in a natural gas line owned, operated and maintained by Mountaineer and a considerable leak had occurred.
While Danberry was working at Judy's on that date, the leaking natural gas from the line at the rear of the property migrated into the sewer line and caused gas to inundate into Judy's building, ultimately causing an explosion, fire and partial collapse of the building while Danberry was inside, according to the suit.
Danberry claimed in her lawsuit that the gas leak and accumulation created a combustible atmosphere inside Judy's building, which caused the fire and explosion.
"As a proximate result of defendant's actions and inactions, Plaintiff suffered severe third-degree burns to her face, head, arms, hands, chest and abdomen, [and] had two fingers amputated due to the severity of her burns," Danberry's complaint states.
Danberry claimed she suffered physical pain and suffering, as well as mental anguish, physical impairment, loss of capacity to enjoy life, lost wages, loss of future earning capacity, medical expenses, scarring, disfigurement and annoyance and inconvenience.
Judy's did not have any gas leak detection on its property, according to the Danberry suit.
The cases were combined by Kanawha Circuit Court because they were connected.
Kanawha Circuit Court case number: 22-C-694
