CHARLESTON – The state Division of Highways is suing a Charleston couple, claiming a landslide from their property spilled onto a roadway.

Michael E. and Sharon T. Keller own property along Kanawha County Route 22/1, or Robinson Road, in Charleston, according to the lawsuit filed Dec. 9 in Kanawha Circuit Court by Carrie Dysart on behalf of Paul A. Mattox Jr., commissioner of the state Department of Transportation, Division of Highways.

On Dec. 10, 2003, the suit says a landslide occurred which deposited mud, soil stone and debris upon the right-of-way.

"Landslide was caused by or contributed to by the willful and/or negligent acts or omissions of defendants or their agents or contractors," the suit claims.

The suit says the Division of Highways incurred expenses of $9,293.51 to correct the situation. That total includes labor, equipment and materials to clear and repair the road.

The suit seeks that amount as well as costs, attorney fee, pre- and post-judgment interest and all other reasonable and necessary expenses.

The case has been assigned to Circuit Court Judge Irene Berger.

Kanawha Circuit Court case number: 05-C-2692.




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