West Virginia Record

Thursday, February 27, 2020

Pinnacle Mining agrees to pay $1.236M to individuals for property damage

By Kyla Asbury | Oct 23, 2017

Law money 04

BECKLEY – Pinnacle Mining has agreed to pay more $1.236 million to a individuals who alleged they experienced property damages due to the company’s underground mining activities.

Pinnacle already paid $400,000 to the plaintiffs, according to the agreed judgment order filed in the U.S. District Court for the Southern District of West Virginia.

A mediation previously was held and a mediation settlement agreement was filed under seal, according to the agreed judgment order.

The plaintiffs in the consolidated lawsuits include James Surratt and Rose Surratt; Nelson Bailey Jr. and Mary Bailey; Morris Blankenship and Claudette Blankenship; Gregory Chafin and Sharon Chafin; Michael Estep and Mary Estep; Elmer Green and Violet Green; James Hatfield and Kristin Hatfield; William Lester and Drema Lester; Bessie Morgan; and Mary Ricketts.

In the 2015 lawsuits, the plaintiffs claimed that Pinnacle’s mining activities caused them property damages, including damages to foundations, flooring and structural integrity.

The plaintiffs claim the defendant’s underground mining activities have created a nuisance which has reduced the plaintiffs’ use and enjoyment of their properties.

The defendant’s conduct caused the harm suffered by the plaintiffs, including loss of recreational activities; diminished quality of life; annoyance and inconvenience; physical damages to property; and diminution in value of the plaintiffs’ properties, according to the suit.

The plaintiffs claim the defendant’s actions were a nuisance and grossly negligent.

The plaintiffs were represented by Marvin W. Masters and Roger A. Decanio of The Masters Law Firm.

Pinnacle was represented by John J. Meadows, Peter J. Raupp and Jonathan R. Ellis of Steptoe & Johnson.

U.S. District Court for the Southern District of West Virginia case number: 5:15-cv-15444

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Organizations in this Story

Steptoe and Johnson LLPThe Masters Law Firm LC