West Virginia Record

Thursday, July 18, 2019

Contractor denies allegations in sewer line damages case

Lawsuits

By Kyla Asbury | Jul 1, 2019


MOUNDSVILLE — A contractor responded to a complaint against it alleging it caused damages to a sewer line in Marshall County.

While Mike Enyart & Sons Inc. (MESI) admits it performed the work on the Carl Street area, but it denies the statements and allegations in the complaint, according to the June 21 answer filed in Marshall Circuit Court.

MESI argues that the plaintiff’s complaint fails to state a claim upon which relief can be granted and that any damages Indian Point complains of were not the proximate result of any act or omission or commission on the part of the defendant.

“Defendant was not guilty of any negligent conduct which proximately caused or contributed to any damages allegedly sustained by the Plaintiff,” the defendant’s answer states.

Indian Point Properties LLC claimed MESI is responsible for work done on a sewage line in 2017, according to a complaint filed May 8 in Marshall Circuit Court.

Indian Point claims MESI is liable for any and all negligence and damages that occurred on the Carl Street work.

The plaintiff’s property is adjacent to and downhill from where the work was performed and after the work was performed, the plaintiff’s property was damaged.

The Carl Street area work was performed negligently and caused the collapse and/or interruption of one or more sanitary sewer lines that existed before MESI began its work. MESI also caused substantial slippage to the plaintiff’s property and ongoing discharge of sewage that has caused the plaintiff damage, according to the suit.

Slippages began to appear in February 2018 and have caused Indian Point a loss of use, annoyance, inconvenience and aggravation, according to the suit.

Indian Point is seeking compensatory damages with pre- and post-judgment interest. Indian Point is represented by Anthony I. Werner and Joseph J. John of Werner Law Offices.

MESI is represented by Keith C. Gamble and Nathan Carroll of Pullin, Fowler, Flanagan, Brown & Poe.

A similar case was filed earlier this year in a separate subdivision that MESI was the contractor on. That case also names Marshall County Sewerage District and E.L. Robinson Engineering Company as defendants. And, last month, two more similar cases were filed against the Marshall County Sewerage District. Neither MESI nor Robinson were named as defendants in those complaints, but both companies were mentioned in the lawsuits as being contractors. 

The plaintiffs in those cases are represented by Jake Polverini of Toriseva Law in Wheeling.

Marshall Circuit Court Case number: 19-C-95

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Organizations in this Story

John and Werner Law Offices, PLLC Marshall Circuit Court Pullin Fowler Flanagan Brown & Poe PLLC Toriseva Law

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