CHARLESTON - Five Logan County families have filed five separate suits against two government agencies and CSX, claiming their property and homes were flooded due to the actions of the defendants.
Attorney Bernard E. Layne III filed the suits Jan. 7 in Kanawha Circuit Court against CSX Transportation, the West Virginia Department of Environmental Protection, Office of Abandoned Mine Lands and Reclamation, and the West Virginia Department of Highways.
According to the suits, the families are all residents of Godby Branch Road in Logan County, where there are abandoned mines. They claim the DEP allowed water to accumulate around the mines, causing them to collapse June 16, 2003.
The excess water flooded the road and caused damages to the property and residents of the area.
The suits say the DOH had a duty to make culverts along the roadway, which would not allow water to accumulate in one area. The plaintiffs claim the DOH failed to maintain the culverts, which contributed to the flooding in the area.
According to the suits, the culverts were initially installed by CSX, but were not maintained or in working order.
The plaintiffs claim they suffered damages to their property and their person, have suffered great mental anguish, discomfort and peace of mind, and claim their physical and emotional health, comfort and privacy have been seriously affected.
As a result, they seek compensatory damages to cover their property damage, and punitive damages.
The plaintiffs are Adda Motto, Marie Carey, David and Kristi Carey, Sharon Runyon and Carl Bledsoe, as the executor of the estate of Ollie Mae Bledsoe.
Kanawha Circuit Court case numbers 08-C-34 through 08-C-38