Clendenin man sues water company for land slippage

CHARLESTON -- A Clendenin man is suing West Virginia-American Water Company after he claims a leak developed in a water line that caused damage to his property.

Sometime prior to July 14, 2010, a leak developed in a water line owed, operated and maintained by the defendant, according to a complaint filed May 4 in Kanawha Circuit Court.

John Hizer claims he discovered the leak on July 14, 2010, because a major land slippage occurred at the back of his property and his neighbor's property.

As a result of the land slippage, five structures on the property were damaged; the sanitary sewage line along the back of the property was broken open; surface drainage lines were exposed and disconnected; and other damage was done to the property, according to the suit.

Hizer claims the damage was so extensive that it was unsafe to bring heavy equipment onto the property to attempt remediation.

As a result of the leak, Hizer's property was damaged by excessive saturation of the soil and ground; structural damage to the five structures; lack of habitability and usability of the property; costs of remediation; and lost value, according to the suit.

Hizer is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Marvin W. Masters and Christopher L. Brinkley.

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

Kanawha Circuit Court case number: 11-C-722