Kmart employee alleges she lost job because of flood damage at Crossings Mall in Elkview

By Jenie Mallari-Torres | Aug 20, 2018

CHARLESTON – An employee at the Kmart in Elkview alleges she lost her job because of the collapse of the only access point to the Crossings Mall shopping center in 2016 due to flooding.

Dianna Nidy filed a complaint on behalf of herself and all others similarly situated in U.S. District Court for the Southern District of West Virginia against U.S. Bancorp Government Leasing and Finance Inc. and Wells Fargo Commercial Mortgage Servicing alleging breach of duty and other counts.

According to the complaint, the plaintiff was employed by Kmart Corp., a tenant of the Crossings Mall shopping center in Elkview and lost her job when the center closed because of flooding in 2016.

The suit states in June 2016, a flood damaged the only point of access into the shopping center, which was an asphalt-covered, dirt and gravel fill over a culvert. The suit states the culvert was replaced with a bridge in August 2017.

The plaintiff alleges the defendants' failure to repair the culvert in January 2016 and replace it in June 2016 was a breach of covenant to maintain and preserve the property, causing the center to shut down for months and leaving many unemployed.

The plaintiff requests a trial by jury and seek judgment against defendants for compensatory and punitive damages, certification of the class action, appointment representative and counsel, counsel fees, expenses and further relief as may be appropriate. She is represented by Stuart Calwell, John H. Skaggs and Alexander D. McLaughlin of The Calwell Practice PLLC in Charleston.

U.S. District Court for the Southern District of West Virginia case number 2:18-cv-01061

Want to get notified whenever we write about U.S. District Court for the Southern District of West Virginia Charleston Division ?

Sign-up Next time we write about U.S. District Court for the Southern District of West Virginia Charleston Division, we'll email you a link to the story. You may edit your settings or unsubscribe at any time.

Organizations in this Story

U.S. District Court for the Southern District of West Virginia Charleston Division

More News

The Record Network