LOGAN – A rental property owner claims CSX Transportation Inc. is responsible for damage to his property.
Michael Maynard filed a suit against CSX Transportation on Aug. 29 in Logan Circuit Court.
The plaintiff owns rental properties at 447, 449 and 551 Stratton St. in Logan, the suit says. On Feb. 2, 2015, about 90 feet of a wall owned by CSX Transportation next to the plaintiff’s rental properties collapsed and damaged structures on the property, the plaintiff alleges.
The plaintiff alleges that the defendant negligently failed to maintain its property in a reasonable manner, and says that because of the damage, the plaintiff has suffered lose of use of his property, lost rental profits, and property damage. The defendant also failed to remove wall debris from the plaintiff’s property, resulting in the plaintiff receiving violation notices from the City of Logan, he alleges.
On Dec. 10, 2015, the plaintiff also suffered bodily injury when a portion of the wall collapsed on him, according to the suit.
As a result of all the alleged failures by CSX, the plaintiff has suffered damage to his property, diminution in the value of property and interference in enjoyment of his property, he alleges.
The plaintiff is seeking compensatory damages in excess of the minimum amount necessary to establish the jurisdiction of the court, a trial by jury, attorneys' fees, pre-judgment and post-judgment interests, and other orders and relief to which the plaintiff is entitled. The plaintiff is represented by Greg K. Smith, Esq. and Matthew E. Chandler, Esq. of the Law Office of Greg K. Smith in Williamson, West Virginia.
Logan Circuit Court Case number 16-C-182-OB