LOGAN – A rental property owner claims
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