Mimico sues City of Charleston for property damage

By Kyla Asbury | Jun 6, 2012

CHARLESTON -- Mimico, LLC and a Charleston dentist are suing the City of Charleston after they claim the city is responsible for property damages.

The Charleston Sanitary Board was also named as a defendant in the suit.

On or before May 15, 2010, the defendants negligently, carelessly, recklessly and willfully failed to properly maintain, inspect and/or keep in proper working order culverts and/or water lines so as to prevent damages to property owned by Dr. Timothy M. Spears and Mimico, according to a complaint filed May 14 in Kanawha Circuit Court.

The plaintiffs claim Charleston and the Sanitary Board are responsible for water damages done to their property.

As a result of the defendants' negligence, the plaintiffs have suffered property damage, clean-up expenses, lost profits, lost wages, out-of-pocket expenses, a diminution in value and aggravation and inconvenience, according to the suit.

The plaintiffs claim the defendants had a duty to maintain the culverts and/or water lines and failed to do so.

The plaintiffs are seeking compensatory damages. They are being represented by Herbert L. Hively II.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 12-C-874

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