West Virginia Record

Monday, March 30, 2020

Apartment complex sues contractor for negligent snow removal

By Carol Ostrow | Mar 11, 2015


MARLINTON — A Greenbrier County apartment building corporation filed suit against a neighboring property’s service provider for alleged negligence in a Nov. 2014 mishap.

Greenbrier Building Apartments LLC of Lewisburg brought a lawsuit against RJB Contracting Inc. of Marlinton on Feb. 24 in Pocahontas Circuit Court. According to the complaint, the plaintiff’s building is adjacent to a bank branch, with its outdoor HVAC units located between the defendant’s property and its own.

The suit states that the defendant, clearing heavy snow from the bank’s parking lot area on Nov. 26, 2014, piled it onto the plaintiff’s property with force sufficient enough to upend and knock over five of Greenbrier’s compressors.

When tenants complained that they were not receiving heat in their apartments, fire department officials were contacted to ascertain whether the incident had caused any hazardous conditions. According to the filing, HVAC technicians then determined that the units were beyond repair.

Greenbrier Building Apartments cites negligence and requests approximately $26,000 for restitution of damages, $5,000 for attorneys’ fees, and court costs.

The plaintiff is represented in the case by John Leaberry, of Leaberry Law Firm of Lewisburg. The case has been assigned to Judge Robert E. Richardson.

Pocahontas Circuit Court case number 15-C-06 (RR)

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