CHARLESTON — Mountaineer Gas Company is suing Genesis Utility Cable for failing to report gas line damage.
On June 10, 2020, Mountaineer employees responded to a reported odor of gas on Brooks Street in Charleston and discovered that the pipeline had been pierced by directional boring equipment, according to a complaint filed in Kanawha Circuit Court.
Mountaineer claims the defendant failed to report striking Mountaineer's pipeline, which was required under state law.
The incident created a hazardous situation and serious risk of death, personal injury and property damage to the public at large, as well as the employees of both Mountaineer and the defendant, according to the suit.
Mountaineer claims when it arrived on the scene and utilized its leak detection equipment it determined there was an active leak and undertook emergency repair precautions, which included street closure, excavation and repaving of the area.
"Due to the proximity of the installed telecommunications conduit to the puncture, it was immediately apparent to Mountaineer as to what caused the damage: An external force impacted and/or punctured the pipeline causing the natural gas leakage," the complaint states.
The defendant violated the One Call Act, according to the suit.
Mountaineer claims after discovering and repairing the pipeline damage, it reached out to the defendant in an attempt to resolve the matter. The costs incurred by Mountaineer totaled $23,196.34 and an invoice for such was tendered to the defendant.
Mountaineer is seeking compensatory damages in the amount of $23,196.34 with pre- and post-judgment interest. It is represented by Beth R. Minear of Minear Law Offices in Charleston.
Machuca Utility Cable was also named as a defendant in the suit after the initial complaint was filed.
In Machuca's answer, it argued that the plaintiff failed to mitigate its damages, which may bar it from recovering or otherwise reduce the amount of damages it may recover.
"Defendant Machuca denies each and every allegation contained in Plaintiff's amended complaint which is not expressly admitted herein, including the allegations set forth in the 'prayer for relief,'" the answer states.
Machuca is represented by Michael D. Mullins and Justin K. Chandler of Steptoe & Johnson in Charleston.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 22-C-468
