Highway construction damaged property, woman claims

CHARLESTON - A woman is suing West Virginia American Water Company after she claims her property sustained damages when it assisted in constructing a highway near her home.

Carpenter Reclamation Inc. and the West Virginia Department of Transportation-Division of Highways were also named as defendants in the suit.

Debra Lovejoy owns property along First Creek Road, which extends to the highway right of way and the property along the highway descends to the highway, forming a bank, according to a complaint filed Dec. 5 in Kanawha Circuit Court.

Lovejoy claims Carpenter disturbed the contours of the surface, thereby weakening the support for the bank extending along the highway.

As a result, the bank has slipped significantly over time, according to the suit.

Lovejoy claims during the construction of the highway, WVDOH representatives were present on a regular basis and inspected and supervised Carpenter's work.

West Virginia American Water monitored the construction of the water line during the construction of the highway, according to the suit.

Lovejoy claims she has suffered damages to her property requiring repairs to the bank to stabilize it and prevent it from further slips.

Lovejoy is seeking compensatory damages. She is being represented by John H. Skaggs of the Calwell Practice LC.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 13-C-2259