CHARLESTON — J.H. Tomblin Fence Co. is suing West Virginia American Water for property damages caused by constant water leaks.
J.H. Tomblin Fence Co. and John H. Tomblin Jr., the executor of the estate of Eleanor Margaret Tomblin claim a water leak developed on April 13, 2021, in a WVAW-owned line that was at Tomblin Fence, according to a complaint filed in Kanawha Circuit Court.
The plaintiffs claim since the initial leak, there have been numerous leaks in the same general area and that have been allowed to continue for days and sometimes even weeks before any repair.
Water from the leaks collected near the gate and fencing at the front of the building and along the front portion of the building, according to the suit.
In August and September 2021, a water leak lasted 40 days and in December 2021 and January 2022, major leaking occurred and created a rushing stream of water pouring directly at the building, infiltrating the lower portion of the building, as well as the ground under and around the building, according to the suit.
The plaintiffs claim the water leaks have caused multiple disruptions to the business. The damages to the property continued and worsened from the time of the first water leak to the present.
WVAW had a duty to keep its water lines in a proper state of repair and to remedy any defects and failed to do so, the complaint states.
The plaintiffs claim WVAW was negligent and breached its duties, which caused them to suffer damages.
"As a direct and proximate result of the leaks in (WVAW's) water lines, the property and business of the decedent and Tomblin Fence has been damaged by excessive water infiltration and saturation of the soil and ground under the property," the complaint states.
The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are 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