CHARLESTON — A attempt at mediation has begun in the lawsuit against nearly a dozen contractors and insurance carriers involving the collapse of Yeager Airport's hillside three years ago.
The mediation began Dec. 6 and was to continue through Dec. 7 and is being conducted by McDowell Circuit Judge Bookter T. Stephens, Taylor Circuit Judge Alan D. Moats and Webster Circuit Judge Jack Alsop.
The mediation involves 10 contractors for design and construction and their insurance carriers.
In March 2015, more than 100 homes were evacuated after a large portion of the hillside slipped into Two Mile Creek. One home and a church were destroyed and many others were damaged by flooding.
In May 2015, Yeager Airport filed a lawsuit against 20 companies involved with the design and construction of its runway extension project, alleging negligence and breach of contract.
The airport claimed the runway extension and the man-made hillside that supported it were improperly designed, improperly tested, not properly inspected and not properly monitored.
Several lawsuits were filed by residents against the airport for the landslide. Those cases were referred to the Mass Litigation Panel earlier this year.
Yeager is represented by Anthony Majestro, Scott Segal, J.C. Powell and Timothy Bailey.
In May 2015, the airport's board received $6 million to dispatch to residents affected by the landslide, $5.5 million of which was from Summit Bank, while $500,000 was from the Kanawha County Commission.
In the mass litigation, a hearing was held on Nov. 30 and an order was filed regarding rules that were issued during that hearing.
The judges in the Mass Litigation Panel found that Travelers Indemnity Company owed a duty to defend Triad Engineering Inc. in the matter, according to an order obtained by The West Virginia Record.
"It is black letter law that the duty to defend is broader than the duty to indemnify," the order states.
The order also denied a joint motion for determination on the measure of the plaintiff's recoverable damages, Cast & Bakers renewed motion for summary judgment and Novel Geo-Environmental's motion for partial summary judgment.