WEST VIRGINIA RECORD

WINFIELD -- A Winfield couple is suing Rover Construction for damage done to their home by the defendant's construction work.

Between September 2009 and Jan. 1, 2010, the defendant excavated large amounts of earth as part of its performance for the improvement of the wastewater sewer system in the Cash Lane area of Winfield, according to a complaint filed March 28 in Putnam Circuit Court.

Charles R. Winter and Debbie A. Winter claim as the defendant excavated the large quantities of earth, it deposited the earth on several vacant properties in the Cash Lane area, including a lot owned by a woman named Sandra Mullins that was situated immediately adjacent to their land.

Between Jan. 1, 2010 and Jan. 11, 2010, the defendant and a man named David Elswick acting in joint enterprise commenced to spread the large deposits of earth on Mullins' lot in such a manner as to raise the elevation and present a risk of flooding the Winters' residence and the property of their neighbor, according to the suit.

The Winters claim Winfield's attorney cautioned the defendant by letter against the deposit and spreading of the earth on Jan. 11, 2010, but the defendant did nothing but "make unfounded representations to the city that it had not caused any fill material to be placed on the Sandra Mullins lot and that it was not operating any joint venture with David Elswick to do that work..."

Despite denial of the joint venture, Elswick re-entered Mullins' lot on March 7, 2010, operating a backhoe owned by the defendant, and attempted to construct some sort of a drain through Mullins' lot to an unnamed creek "in an apparent attempt to provide drainage for the plaintiffs' residence and that of their next door neighbor," according to the suit.

The Winters claim on April 2, 2010, a large quantity of water accumulated on their property and they discovered that the accumulation was the result of excavation work performed by the defendant.

The flooding continued to happen after April 2, 2010, and has cost the Winters' property damage, including the diminution in the value of their home in the amount of not less than $114,700, according to the suit.

The Winters are seeking compensatory damages. They are being represented by Harvey D. Peyton.

The case has been assigned to Circuit Judge O.C. Spaulding.

Putnam Circuit Court case number: 12-C-96