Norfolk Southern alleges Dynamic Energy, others breached contract by failing to indemnify it in injury suit

By Carrie Bradon | Apr 9, 2019

BECKLEY – A Virginia-based railway company alleges three energy corporations breached their obligations to it by failing to indemnify it in a lawsuit filed by an allegedly injured conductor.

Norfolk Southern Railway Co. filed a complaint in Raleigh Circuit Court against Virginia Electric and Power Co. Inc., Old Dominion Electric Cooperative and Dynamic Energy Inc. alleging breach of contract and other counts.

The suit states that in August 2005, the plaintiff entered into an agreement with Dynamic for the defendant to construct its coal loading facility and begin loading coal into railcars at Coal Mountain.

The suit states on May 10, 2016, the plaintiff delivered a train of loaded coal cars to Virginia Electric and Power and Old Dominion Electric Cooperative at the Clover Plant and the cars were returned the same day for transportation to Dynamic's facility at Coal Mountain. The plaintiff alleges it delivered the cars to Dynamic on May 14, 2016, and on that day two cars derailed. 

The suit states a lawsuit was filed over the matter against the plaintiff by a conductor citing injury and negligence claims. The plaintiff alleges Dynamic is contractually obligated to indemnify and save it harmless for the costs incurred with the action, but it has failed and refused to do so. The plaintiff alleges Dynamic has breached its obligations under their agreement.

The plaintiff alleges Virginia Electric and Power Co. and Old Dominion Electric Cooperative also breached an agreement by failing to defend and indemnify it in the suit.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by J.H. Mahaney and T. Matthew Lockhart of Dinsmore & Shohl LLP in Huntington.

The case has been assigned to Circuit Judge H.L. Kirkpatrick III.

Raleigh Circuit Court case number 19-C-80-K

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