West Virginia Record

Wednesday, January 22, 2020

Nitro property owners claim excavation work on adjacent property caused damage to their building

State Court

By Marian Johns | Dec 9, 2019

General court 4

CHARLESTON – The owners of property in Nitro allege excavation work done on adjacent land caused damage to their property when a portion of a hill was removed. 

David Fisher and Imogene Fisher filed a complaint in Kanawha Circuit Court against River Valley Holdings LLC, Calhoun Engineering and Surveying, Burdette Realty Improvement Inc. and John Doe alleging negligence.

In their complaint, the plaintiffs allege that in 2018, the defendants began performing construction and excavation work to build storage facilities on land adjacent to their Nitro property. In March, the plaintiffs claim they noticed stairs adjacent to their building that had been in place for more than 40 years had begun to move. They allege the defendants' removal of the "toe of the hill upon which the plaintiff's residence and outbuilding are located" caused the hill to slide and the stairs to be damaged. 

The plaintiffs allege they approached the defendants about remedying the issue but that they were ignored.

The plaintiffs seek compensatory damages, a trial by jury, interest and all other just relief. They are represented by Michael Del Giudice of Ciccarello, Del Giudice & Lafon in Charleston. 

The case has been assigned to Circuit Judge Louis Bloom.

Kanawha Circuit Court case number 19-C-957

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