HUNTINGTON — A Wayne County community is suing a tow vessel owner, alleging negligence and public nuisance.
The city of Kenova filed a complaint in U.S. District Court for the Southern District of West Virginia Huntington Division against Western Rivers Assets LLC and Gate City River Transportation LLC, alleging violation of the Oil Pollution Act of 1990.
According to the complaint, on Jan. 10, the tow vessel Gate City, owned and operated by the defendants sank in the waters of the Big Sandy River. The suit says this caused the discharge of a large quantity of oil and other pollutants into the river, which borders Kenova.
As a direct and proximate result of the incident, the suit says, Kenova incurred costs, including providing emergency services and supplying water to Kenova residents, amounting to $135,412.03 as the initial claim and $15,535.44 for the supplemental claim.
The plaintiff alleges Western Rivers Assets and Gate City River Transportation discharged oil that poses the substantial threat upon the navigable waters or adjoining shorelines of the United States.
Kenova seeks trial by jury, compensatory and punitive damages, attorney fees, costs, expenses, pre- and post-judgment interest, and all further just and proper relief. It is represented by Dennis C. Taylor of Taylor and Price PLLC in Winfield.
U.S. District Court for the Southern District of West Virginia Huntington Division case number 3:18-cv-01001