CHARLESTON — A lawsuit against Appalachian Power Company and Nelson Tree Service claims they caused damages to a Charleston man's property.
Joseph Samples owns a home in Charleston and in January 2020, Appalachian Power employed the services of Nelson Tree Service to perform tree cutting services around lines near the residence, according to a complaint initially filed in Kanawha Magistrate Court before it was removed to the circuit court.
On Jan. 21, 2020, while cutting trees, Nelson cut trees and brush that landed on Samples' residence and HVAC unit and caused damages, according to the suit.
Samples claims the defendants had a duty to properly trim trees and brush from power lines in a reasonably prudent manner so as not to harm his property and breached that duty by allowing the fallen trees and brush to hit Samples' personal property.
Appalachian negligently hired Nelson to cut the trees and brush from around the lines, according to the suit.
Samples claims the defendants caused damages in excess of $3,100. He claims materials to repair the HVAC unit cost $1,699.80; labor to repair the unit was $339.20; excessive electric bills, while the system was not working properly, were $450; lost work time by Samples was $150; and siding repairs cost $502.16.
Samples is seeking damages in the amount of $3,141.16, with additional amounts for annoyance and inconvenience in an amount not to exceed $10,000. He is represented by Michael J. Del Giudice of Ciccarello, Del Giudice & LaFon in Charleston.
Appalachian is represented by Brian R. Swiger and Christopher D. Smith of Bailey & Glasser.
The case is assigned to Circuit Judge Ken Ballard.
Kanawha Circuit Court case number: 21-C-1177