Triad Engineering Inc.; Michael Baker International Inc.; Cast & Baker Corporation; West Virginia Paving Inc.; Senex Explosives Inc.; Afforable Asphalt Maintenance Corporation; Engineered Arresting Systems Corporation; Royal Ten Cate (USA) Inc.; Novel Geo-Environmental LLC; and JMD Company were also named as defendants in the suit.
When the defendants Engineered Material Arresting System collapsed on March 12, 2015, it resulted in the destruction of the residence in which Regina Adkins lived with her children, Joshua Adkins and Morgan Adkins, according to a complaint filed in Kanawha Circuit Court.
The Adkinses lost all of their personal possessions due to the destruction of the home they rented.
The plaintiffs did not own their home, but they had renter’s insurance with Liberty Mutual Insurance Company and their insurance company denied them coverage due to the earth movement exception contained in the policy, according to the suit.
The Adkinses claim the airport’s employees first noticed the problem nearly two years prior to the EMAS collapse and officials had contacted Triad, who acknowledged the cracks in July 2013.
In May 2015, the plaintiffs agreed to and executed a release and settlement agreement with Central West Virginia Regional Airport Authority, Triad and Cast & Baker, along with others, in return for $51,000 in consideration, $30,000 of which was for partial inconvenience, nuisance and aggravation and $21,000 of which was for moving expenses, according to the suit.
The Adkinses claim they were put up in a hotel by the airport and had stayed in the hotel following the collapse, believing all costs for hotels were being paid and would continue to be paid by the airport, however, in July 2015, they were told they must vacate the hotel and the airport would not continue to pay for their stay.
The plaintiffs were unable to move into their new home within the time period allotted and were forced to move to another hotel and accrued $1,300 in hotel charges before moving, according to the suit.
The Adkinses claim when they moved into their new home, they were forced to live in the basement without sufficient furniture or even beds for each of them.
The defendants were negligent and cased the plaintiffs damages, according to the suit.
The Adkinses are seeking compensatory damages with pre- and post-judgment interest. They are being represented by James D. McQueen Jr., Anthony E. Nortz and Amanda J. Davis of McQueen Davis; and Christopher J. Heavens of Heavens Law Firm.
The case is assigned to Circuit Judge Charles King.
Kanawha Circuit Court case number: 17-C-75