Couple says West Virginia-American Water Company caused property damages

By Kyla Asbury | Jun 6, 2011

CHARLESTON – A Charleston couple is suing West Virginia-American Water Company after they claim that a water line ruptured in front of their home and caused property damages.

American Water Works Service Company was also named as a defendant in the suit.

On May 4, 2009, a water main blew/ruptured in a water line owned, operated and maintained by the defendants in front of Brenda and Clyde Stephenson's home, according to a complaint filed May 3 in Kanawha Circuit Court.

The Stephensons claim they began calling the defendants between 2 a.m. and 3 a.m. when they noticed flooding in their property to report the blowing of the main water line, but the defendants did not come to repair the water line until after 9 a.m.

Another water main had also blown in a neighboring residence, which the defendants shut down prior to shutting down the Stephenson's water main, according to the suit.

The Stephensons claim the defendants had a duty to maintain the water line in a proper state of repair and failed to do so.

The defendants negligently breached their legal duties to the Stephensons by failing to maintain the water line and negligently failing to promptly repair the blown water line, according to the suit.

The Stephensons are seeking compensatory and punitive damages. They are being represented by W. Jesse Forbes.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 11-C-711

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