West Virginia Record

Monday, October 21, 2019

Fayette County property owners allege railroads failed to maintain crossing

Lawsuits

By Jenie Mallari-Torres | Nov 6, 2018


FAYETTEVILLE — Two Fayette County property owners are suing two railroad companies, alleging breach of an agreement.

Vernon Miller Jr. and Cora Miller filed a complaint in Fayette Circuit Court against Kanawha River Railroad LLC and Norfolk Southern Railway Company, alleging failure to maintain a railway crossing on the plaintiffs' property. 

According to the complaint, the defendants failed to repair, replace and maintain the crossings over their railway tracks to allow the Millers access to their property in Fayette County. The suit says the property was destroyed by the recent repair and maintenance ordered by the defendants. 

The plaintiffs allege Kanawha River Railroad and Norfolk Southern Railway failed to comply with their obligation to repair and maintain crossings for the benefit of the plaintiffs.

The Millers seek trial by jury, proper maintenance of the crossings, damages and all other appropriate relief. They are represented by attorneys Kevin B. Burgess and Steven R. Broadwater Jr. of Hamilton, Burgess, Young & Pollard PLLC in Fayetteville.

Fayette Circuit Court case number 18-C-168

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