Five lawsuits filed against Kanawha Energy Company for property damages

By Kyla Asbury | Jun 22, 2017

FAYETTEVILLE – Five lawsuits have been filed against Kanawha Energy Company after the plaintiffs claim they suffered property damages as a result of the defendants’ actions.

Spartan Mining Company, Alpha Natural Resources and Alpha Appalachia Services were also named as defendants in the suit.

Robert Brown; Kenneth Horrocks and Patsy Horrocks; Tommy Horrocks and Danielle Horrocks; Ralph Miller and Rose Miller; and Elaine Tyree, who suffered economic losses, property losses and non-economic losses or injuries as a result of the massive flood in June 2016, filed their lawsuits in Fayette Circuit Court.

The plaintiffs suffered damages as a result of the acts and omissions of the defendants, which caused a large slide and break to occur in the face of what is commonly known as Valley Fill 3, causing Buckles Branch of Twenty Mile Creek and an unnamed tributary of Buckles Brand to become inundated with silt, mud and rock from the slip area, according to the suits.

The plaintiffs claim they suffered property damage, property repair, loss of use, annoyance, inconvenience and emotional distress.

Rushing waters from the defendants’ mine site carried shot rock, cut trees and bits of coal down the mountain where it slammed into the plaintiffs’ homes, destroyed belongings, deposited stinking mud, frightened everyone in the path of the torrent, according to the suits.

The plaintiffs claim the defendants failed to properly construct Valley Fill 3 of the Big Creek #2 Mine without proper stabilization.

The plaintiffs are seeking compensatory and punitive damages. They are being represented by Stephen P. New, Stacey L. Fragile and Amanda J. Taylor.

The cases are assigned to Circuit Judge John W. Hatcher.

Fayette Circuit Court case numbers: 17-C-170, 17-C-171, 17-C-172, 17-C-173, 17-C-174

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