HUNTINGTON — A man is suing West Virginia American Water alleging it is responsible for damages done to his property when a water line leaked and caused a landslide.
Gene King is a customer of West Virginia American Water and a resident of Cabell County, according to a complaint filed in Cabell Circuit Court. He owns a home on property in Cabell County that is serviced by West Virginia American Water.
King claims the defendant owns and maintains a water line that runs adjacent to the plaintiff's property.
"Sometime in February of 2020 said water line developed a leak resulting in 2,626,000 gallons of water being introduced into the soils at Plaintiff's residence over the course of approximately one year," the complaint states. "On or about February 28, 2021, said water leak caused a landslide on Plaintiff's property."
King claims the landslide resulted in the plaintiff having to undertake a great expense in excavation work and repairs to his home.
The defendant owed a duty to the plaintiff to maintain its water line in a reasonable fashion so that it would not damage or alter adjacent soils and he failed to do so, according to the suit.
King claims the defendant breached its duty by failing to reasonably maintain the water line.
"Defendant breached said duty by failing to reasonably maintain said line to the extent that over two and a half million gallons of water was introduced into said soils," the complaint states. "Said breach actually and proximately caused Plaintiff harm by way of the landslide resulting in extensive excavation and repair expenses."
King is seeking compensatory and punitive damages, including reimbursement for his expenses and the diminution of the value of his home. He is represented by Jason Goad of McClure Goad in Huntington.
The case is assigned to Circuit Judge Paul T. Farrell.
Cabell Circuit Court case number: 22-C-2