Man claims Dominion Transmission's vibrations damaged home

By Kyla Asbury | Sep 12, 2013

CHARLESTON - A man is suing Dominion Transmission Inc. for alleged damages to his home and property.

MSES Consultants Inc. and Randal L. Swiger were also named as defendants in the suit.

Dominion was engaged in replacing or laying new pipeline for the transmission of natural gas on the land adjacent to and in the area near Darrell Carte's home and real property, according a complaint filed Aug. 22 in Kanawha Circuit Court.

Carte claims Dominion utilized drilling and/or boring machines in the process of laying the new pipeline and operated the machines in a negligent manor and/or too close to his home and property.

The boring machine and/or other equipment used by Dominion caused vibrations, which shook and vibrated Carte's home and property, according to the suit.

Carte claims on at least one occasion, several Dominion employees were in his home and witnessed his home being vibrated by the boring machine and/or other equipment used by Dominion.

The vibration and shaking has caused and continues to cause damage to Carte's home and property, including cracks and other problems that had not existed prior to Dominion's negligent construction and excavation techniques, according to the suit.

Carte claims Dominion agreed on at least three separate occasions to reimburse him for water line damage, computer damage and other matters and made payments on Oct. 13, 2011; Dec. 16, 2011; and Feb. 3, 2012.

Dominion sent a survey crew to Carte's home and conducted elevation surveys in order to detect ground settlement and MSES provided the surveying and mapping of the area near his home, according to the suit.

Carte claims Swiger was responsible for ensuring proper construction and excavation techniques were used to prevent damages to the area in which Dominion and MSES were working.

As a direct and proximate result of the defendants' activities, Carte incurred damages to his home and property; a decrease in the value of the property; expenses repairing his home and property; substantial annoyance and inconvenience; and loss of use and enjoyment of his home and property, according to the suit.

Carte is seeking compensatory damages with pre- and post-judgment interest. He is being represented by G. Patrick Jacobs of the Law Office of G. Patrick Jacobs.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 13-C-1603

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