City of Wheeling sues over alleged water damage

By Thomas Kallies | Oct 23, 2013

WHEELING - The City of Wheeling, Inc., doing business as Greater Wheeling Sports and Entertainment Authority, filed suit in Ohio County Circuit Court on Oct. 15, naming Constellation Energy Group Inc., H.E. Neumann Co. Inc. and Baltimore Aircoil Co. Inc. as defendants.

Wheeling claims the named defendants installed or manufactured a product which malfunctioned, causing water damage to their building.

Wheeling filed this partial subrogation claim seeking sums of money Wheeling's insurance company expended to fix the damaged property. Wheeling is seeking money equal to the cost of repair on behalf the insurer, in addition to damages for things like lost profits and other monies which Wheeling would have expected to make, but for the damage.

According to Wheeling, a component part of the chiller system installed in their auditorium failed resulting in water damage to the building and contents therein. Allegedly, Constellation Energy Group was the general contractor for the chiller system, and H.E. Neumann was the plumbing and mechanical installer of the chiller system.

Wheeling claims Baltimore Aircoil manufactured and sold the defective component. Wheeling seeks to hold all three defendants strictly liable for their role in the installation and manufacturing of the product.

Wheeling is also suing H.E. Neumann for negligence, alleging it failed to properly oversee and install the chiller component. Constellation is also being sued for breach of warranty and negligent supervision, for allegedly failing to properly monitor and inspect the work of independent contractors in the installation of the defective chiller component.

Wheeling is seeking compensatory damages not limited to repair expenses, property damages and lost profits. Wheeling is being represented by Clarksburg attorney Charles R. Steele.

Circuit Court of Ohio County Case No. 13-C-350

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