By Thomas Kallies | Nov 14, 2013

PINEVILLE - Indian Harbor Insurance Co., as subrogee and assignee of Housing Management Inc., also known as Oceana Apartments, is suing for damage to a building that it insured that was allegedly caused by a runaway cherry-picker.

The company filed suit in the Wyoming County Circuit Court on Oct. 31, naming William Benn, doing business as Big Dog Communications, Kenneth Benn, CCI Systems Inc. and Shentel Cable Co. as the defendants.

According to Indian Harbor, Shentel employed CCI to install a utility line near Oceana.

CCI allegedly employed Big Dog Communications to perform the work. Kenneth Benn was purportedly an agent of Big Dog Communications and the person who actually was doing the work.

Indian Harbor claims that on Oct. 31, 2011, Kenneth Benn began the installation of the utility wire, which required him to use a cherry-picker. Kenneth Benn allegedly failed to properly apply the cherry-picker's brakes or to immobilize its tires while he performed the work.

Indian Harbor claims the cherry-picker rolled downhill and smashed into the Oceana Apartments.

Indian Harbor is seeking $35,000 in damages. It is being represented by Virginia attorney Robert S. Reverski Jr.

Circuit Court of Wyoming County Case No. 13-C-165

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