Homeowner sues Beckley water utility following property damage

By Carol Ostrow | Jul 13, 2015

BECKLEY—A Raleigh County resident filed suit against a utility company claiming negligence in property damage alleged to have been caused by the defendant in 2014.

Charlotte Maynus filed a complaint against Beckley Water Co. on June 17 in Raleigh Circuit Court, asserting negligence in an alleged incident of damage when the utility company was making repairs to the plaintiff’s property in February 2014.

The suit states that on or about Feb. 10, 2014, when the defendant brought heavy equipment onto Maynus’ property located at 108 Arnold Ave. in Beckley, it caused damage to her wall and driveway.

According to the filing, when the plaintiff notified the water department of the damage, it “attempted to avoid responsibility by blaming the Beckley Sanitary Board.”

The complaint states that Maynus was forced to hire legal counsel in order to get a response. When confronted with evidence at the site and photos, the suit states, the water department acknowledged its liability and turned the matter over to its insurance carrier. An adjustor was sent to the property, according to court documents, but after delays and failed communications, the claim was denied on March 19, 2015.

Alleging that the defendant breached its duty, negligently and carelessly caused property damage, the plaintiff claims additional damages of annoyance, inconvenience, anguish and other losses.

Maynus seeks judgment against the Beckley Water Department for the approximate cost of repair in the amount of $8,448.00, plus pre- and post-judgment interest, attorneys’ fees, and costs.

The plaintiff is represented by Michael Froble of Beckley. The case has been assigned to Judge H. Louis Kirkpatrick.

Raleigh Circuit Court case number 15-C-645-K.

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