CHARLESTON — Two lawsuits were filed against Boyd Company and Fast Cast alleging they failed to property care for a culvert and caused properly damages.
James Steffie and Mike White and Lindsay White own property in Diamond and the defendants' property is adjacent to their property, according to two complaints filed in Kanawha Circuit Court.
The defendants increased the elevation to their property in 2004, along with other improvements to their property, such as a larger culvert. Since 2004, there has not been a problem with the drainage until May 2020, according to the suit.
The plaintiffs claim in May 2020, the culvert was blocked and not draining water properly and that caused water to accumulate in the valley on Boyd's property and creep toward the plaintiffs' properties.
After the incident occurred, the plaintiffs and other neighbors discussed the issue with the defendants, but the problems were not corrected and in August 2020, another backup occurred and they, again, complained. In January, the plaintiffs were advised that the problem was being corrected and they removed some debris from the entrance of the culvert.
The plaintiffs claim on March 1, heavy rain occurred and caused the culvert to back up again and the blockage caused water to back up into the plaintiffs' residences.
The plaintiffs claim the defendants' actions were negligent and a nuisance, they claim the water trespassed onto their properties and caused them damages. The plaintiffs claim the defendants actions caused them loss of right to enjoy their real estate, annoyance, inconvenience, loss of personal property and a diminution in the value of their real estate.
The plaintiffs are seeking compensatory and punitive damages. They are represented by Michael J. Del Giudice of Ciccarello, Del Giudice & LaFon in Charleston.
The cases were assigned to Circuit Judges Maryclaire Akers and Joanna Tabit.
Kanawha Circuit Court case numbers: 21-C-374, 21-C-377
