CHARLESTON – A scheduling order has been filed in a home flooding lawsuit against the Town of Chesapeake, scheduling a trial date for 2016.
The trial is scheduled for Jan. 25, 2016, at 9 a.m., with a pre-trial conference scheduled for Jan. 19, 2016, at 10:30 a.m., according to the order. Discovery is to be completed on or before Nov. 6, as well as mandatory mediation.
William and Angela Harless filed their lawsuit Aug. 1 in Kanawha Circuit Court against the town of Chesapeake and Nationwide Property and Casualty Insurance Company of Columbus, Ohio, citing negligence.
Water escaped the washing machine discharge at the Harless home on MacCorkle Avenue on Aug. 5, 2013, causing water damage, according to the suit.
The plaintiffs claim it was then discovered that there was blockage in the sewer pipe between the plaintiffs' home and the town of Chesapeake’s main sewer line, which caused the previous water damage.
The Harlesses claim on Aug. 12, 2013, their insurance claim was denied by Nationwide without the insurance company conducting a reasonable investigation.
Chesapeake is accused of negligence, and Nationwide is accused of breach of contract, reasonable expectations, violations of the Unfair Trade Practices Act and common law bad faith.
The plaintiffs are seeking declaration that the Nationwide policy provides coverage for losses they sustained, damages and attorney fees. They are being represented by Samuel A. Hrko of the Segal Law Firm.
The defendants are represented by Michael Dockery of Offutt Nord PLLC.
The case has been assigned to circuit judge James Stucky.
Kanawha Circuit Court case number: 14-C-1397