HUNTINGTON – Two Cabell County residents have filed suit against the owners of the apartment complex, alleging they lost property when they were forced to leave due to a meth lab scare.
Lesley Weeks and William Kirk allege they were living in Maplewood Place on Aug. 19, 2012, when West Virginia law enforcement officials forced them to evacuate their apartment due to meth-related activities being conducted in one of the apartments in their complex.
The plaintiffs were unable to access their personal belongings, were forced to secure new living arrangements and were forced to miss several days of work, according to the complaint.
At the time, Weeks was seven months pregnant and forced to undergo additional testing, causing her to incur additional medical costs, according to the complaint filed Aug. 15 in Cabell Circuit Court.
Since then, the plaintiffs' apartment has not been successfully re-mediated and their furniture was never successfully cleaned of the contamination resulting from the meth lab operation, the suit states.
Due to the incident, the plaintiffs lost personal property and wages, incurred medical costs, suffered anxiety and emotional distress and endured annoyance, inconvenience, aggravation and other damages, the complaint says.
The plaintiffs allege breach of contract against the defendants and say the owners of the complex failed to conduct a thorough background check and to safeguard and monitor the premises. They also allege breach of implied warranty of habitability.
The plaintiffs are seeking a judgment in excess of the jurisdictional limits of the court, plus compensatory damages, pre- and post-judgment interest, attorney fees, costs and other relief the court deems just.
S. Douglas Adkins of Cyrus, Adkins and Walker in Huntington will represent them.
Circuit Judge Christopher D. Chiles has been assigned to the case.
Cabell Circuit Court case number 14-C-564