CHARLESTON — Ridge Line is suing West Virginia American Water claiming a damaged water line caused slippage on a hillside next to its property.
Ridge Line claims in July 2020, a water line ruptured, causing water to flow into the hillside and compromising the soil, resulting in slippage, according to a complaint filed in Kanawha Circuit Court. Ridge Line owns the Southridge Center shopping center.
The hillside was permanently damaged and a retaining wall failed, causing damage to Ridge Line's office building, according to the suit.
Ridge Line claims the defendant repaired the water line in August 2020 and a consultant by the water company inspected the premises and agreed the leak had caused the hillside to slip and the property to be compromised.
"Due to the permanent and irreversible damage to the integrity of the hillside, the hillside must be excavated and reinforced, including the installation of a heavier and higher wall to replace and extend the existing wall in order to retain the hillside, prevent further slips in the soil and also to protect the office building from a further collapse of the wall," the complaint states.
Ridge Line claims it demanded the water company and its insurance carrier to pay the sums adequate to repair the damage fully, but the water company has not offered the sums to fix the property.
Ridge Line claims it now has to undertake the work itself through qualified contractors and wants the water company to cover the damages.
The defendant was negligent in its failure to promptly repair the hillside and breached its duty of care to the plaintiff, according to the suit.
Ridge Line is seeking compensatory damages. It is represented by Stephen D. Annand, Kent J. George and Jonathon C. Stanely of Robinson & McElwee in Charleston.
The case is assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number: 21-C-966
