CHARLESTON — Two Kanawha County residents are suing a railroad transport company, alleging gross negligence and trespassing led to flooding of the plaintiffs' property,
James Kinder and Mary Ann Kinder filed a complaint in Kanawha Circuit Court against CSX Transportation Inc., alleging the defendant has not maintained, monitored or improved the culverts since it cleared debris from the culvert after being instructed to do so by the East Bank Volunteer Fire Department.
According to the complaint, on Aug. 8, 2016, a steady rainfall caused water to build up and flood onto plaintiffs' property, 2715 Third Ave., East Bank, due to the existing debris that had not been cleared from CSX's drainage culvert.
The suit says on numerous occasions throughout the years, the Kinders, who have lived at the East Bay property since 2005, have notified CSX of the obstruction and of similar situations. The plaintiffs allege CSX Transportation was negligent in its duty to maintain the drainage culvert and has never made an effort to remove or clear away debris from the culvert.
The Kinders seek trial by jury, compensatory and punitive damages, attorney fees and cost of suit. They are represented by attorney Andrew W. Holbrook of Hendrickson & Long PLLC in Charleston.
Kanawha Circuit Court case number 18-c-1005