Barbour County farm owners accuse builders of gross negligence

By Philip Gonzales | Nov 8, 2018

PHILIPPI — Barbour County farm owners are suing builders, alleging trespassing and negligence.

David B. Ward and Nedra J. Ward, and John B. Ward II Sabrina E. Ward filed a complaint in Barbour Circuit Court against Aspen Builders Inc., Aspen Sales & Leasing, Aspen Golf Construction LLC, all doing business as Aspen Corporation, the West Virginia Department of Environmental Protection,  et al, alleging they negligently created public and private nuisances to the plaintiffs' property.

According to the complaint, the Wards are farm and property owners on Buckhannon Road in Philippi in close proximity to the former Energy Marketing slurry impoundment. As a result of the defendants' negligent acts and omissions, the suit says, the plaintiffs' properties suffered soil contamination that poses a threat to human health and the environment. 

The lawsuit states the Wards were caused to suffer inconvenience, emotional distress and diminution in property value. The plaintiffs allege the defendants negligently created the slurry spill to the Wards' property.

The Wards seek trial by jury, compensatory and punitive damages, interest and all other necessary and appropriate relief. They are represented by attorneys Hunter B. Mullens and Matthew L. Ervin of Mullens & Mullens PLLC in Philippi, and by Kevin W. Thompson and David R. Barney Jr. of Thompson Barney in Charleston.

Barbour Circuit Court case number 18-C-28

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Barbour Circuit Court Mullens & Mullens, PLLC Thompson Barney

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