CHARLESTON — J.H. Tomblin Fence Co. Inc. and its owner are suing West Virginia American Water alleging a water leak caused disruptions at a business.
John H. Tomblin Jr., the executor of the estate of Eleanor Margaret Tomblin, claims on April 13, 2021, a leak developed in a water line owned by West Virginia American Water, according to a complaint filed July 19 in Kanawha Circuit Court.
Tomblin claims the property was the primary place of business for Tomblin Fence and there have been numerous leaks since the April 13, 2021.
"These leaks were allowed to continue for days and sometimes weeks before any repair," the complaint states. "Water from the leaks collected near the gate and fencing at the front of the building and along the front portion of the building."
Tomblin claims in August and September 2021, there was a water leak for 40 straight days and in December and January, there was a major leak that created a rushing stream of water pouring directly at the building and infiltrating the lower portion, as well as the ground under and around the building.
As a result of the leaks, the property and business have been damaged by excessive water infiltration and saturation according to the suit. The damage to the property continued and worsened from the time of the first water to present.
Tomblin claims West Virginia American Water had a duty to keep its water lines in a proper state of repair and to remedy any defects promptly and properly, but was negligent and failed to do so. It breached its duties by failing to remedy the defects.
Tomblin is seeking compensatory and punitive damages. He is represented by Marvin W. Masters and Kimberly Dotson of The Masters Law Firm in Charleston.
The case is assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number: 22-C-592