MOUNDSVILLE – A Moundsville couple is suing Williams Energy Resources LLC for property damages.
Williams Ohio Valley Midstream LLC was also named as a defendant in the suit.
Prior to July 1, 2013, the defendants have possessed, occupied, used and/or controlled real property adjacent to and uphill of property owned by Ronald Gouldsberry and Nancy Gouldsberry, according to a complaint filed in Marshall Circuit Court.
The Gouldsberrys claim the defendants altered, modified and carried on activities upon and/or within the defendants' property, which created substantial risk or substantially increased an existing risk of harm to the plaintiffs' property due to water discharge/run-off and objects carried with the run-off.
Under the prevailing environmental and physical conditions of the involved land, including the land's slopes, contours and plant life, the defendants' activities were abnormally dangerous, according to the suit.
The Gouldsberrys claim on July 1, 2013, it rained on the parties' properties and surrounding vicinity and the defendants' activities caused a rapid and violent torrent of water to be discharged upon the plaintiffs' property.
The rain caused the property to flood, and carried with the water were various injurious objects, including timber mats or construction bridges, which the defendants had placed at or near the property above, according to the suit.
The Gouldsberrys claim the risk of harm from future occurrences caused by the defendants is continuing .
The defendants owed a duty of reasonable care to the Gouldsberrys and the general public and had notice of the unreasonable risk of harm their activities caused, according to the suit.
The Gouldsberrys claim the defendants trespassed on their property and their actions constitute a nuisance.
The Gouldsberrys are seeking compensatory damages. They are being represented by Jay T. McCamic of McCamis, Sacco & McCoid PLLC; and Anthony I. Werner of John & Werner Law Offices PLLC.
The case is assigned to Circuit Judge Mark Karl.
Marshall Circuit Court case number: 15-C-118