Man says Appalachian Power left property in disarray

By Kyla Asbury | Aug 16, 2010

HUNTINGTON -- A Barboursville man is suing Appalachian Power Company after he claims the company left his property is disarray and unusable.

Stephen Bragg owns property in the McComas District of Cabell County in Barboursville and Appalachian Power Company has a power line right of way across the property, according to a complaint filed Aug. 4 in Cabell Circuit Court.

Bragg claims the defendant contracted with Asplundh Tree Expert Company to cut down trees on his property on the right of way.

After the trees were cut, Appalachian Power Company refused to remove the brush and trees cut by Asplundh Tree Expert Company from the right of way, leaving Bragg's property in a state of disarray and unusable, according to the suit.

Bragg claims the defendant had a duty to ensure that the brush and trees cut and left on the right of way were removed so that he could utilize his property for all purposes that did not interfere with Appalachian Power Company's right of way.

The defendant breached its duty by failing to remove the brush and trees left of the right of way, according to the suit, and as a result, Bragg sustained damages including the cost of cleaning the right of way, loss of use of his property, aggravation, annoyance and inconvenience.

Bragg is seeking compensatory damages with pre- and post-judgment interest. He is being represented by R.R. Fredeking II of Fredeking & Fredeking Law Offices.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 10-C-573

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