FAYETTEVILLE — A Fayette County property owner is suing a railroad company, alleging negligence, private nuisance and trespassing.
Tammy A. Skidmore filed a complaint on March 9, in the Fayette Circuit Court against Norfolk Southern Corporation, Norfolk Southern Railway Co. and Page-Kincaid Public Service District, alleging they breached their duty of reasonable use by placing a culvert too close to the plaintiff's property.
According to the complaint, as a result of the defendants' improper installation of a culvert and drain in 2001, during heavy rains the drain discharges high volumes of surface water against Skidmore's property, resulting in soil erosion. The suit says the discharge is threatening the foundation of her home.
The lawsuit states Skidmore has suffered extensive damage to her property, annoyance and loss of use and enjoyment of her property. The plaintiff alleges the defendants negligently installed the culvert in such a manner that it will discharge water perpendicular to the natural flow of water.
Skidmore seeks trial by jury, cost of the stabilization and remediation to her property, attorney fees, court costs and all other relief. She is represented by attorneys Scott S. Segal and Jason P. Foster of The Segal Law Firm, A Legal Corporation in Charleston.
Fayette Circuit Court Case number 17-c-103