CLARKSBURG – A couple is suing The Harrison County Coal Company and Consolidation Coal Company after they claim they are responsible for property damage.
Beginning in 2013, the defendants conducted long-wall mining under and adjacent to property that is owned by Charles P. Glover and Kathy R. Glover, according to a complaint originally filed in Marion Circuit Court and removed to federal court April 19.
The Glovers claim they have noticed and continue to notice damages to the surface of the property, the structures on the property and the natural water supplies.
As a direct and proximate result of the negligent, illegal or improper long-wall mining operations conducted by the defendants, the plaintiffs suffered damages, including damage to the residence, garage and other outbuildings on the property; a loss or diminishment in the quality of natural water sources situated on or servicing the property; loss of use of the property and/or structures situated on the property; annoyance and inconvenience; and a functional impairment of the surface lands, according to the suit.
The Glovers claim despite the promises made by the defendants, the coal companies have failed to correct the damages or adequately compensate the plaintiffs.
The defendants have failed to do so despite knowing the extent of the plaintiffs’ damages, as well as their obligation to correct or compensate the plaintiffs, according to the suit.
The Glovers are seeking compensatory and punitive damages. They are represented by Eric M. Gordon of Berry Kessler Crutchfield Taylor & Gordon; and Robert J. Fitzsimmons of Fitzsimmons Law Firm.
The defendants are represented by Denielle M. Stritch and Ryan M. Watson of Steptoe & Johnson.
U.S. District Court for the Northern District of West Virginia case number: 1:18-cv-00075