CHARLESTON – A Kanawha County school board member has sued West Virginia American Water after his Edgewood home was destroyed by fire earlier this month, blaming the water company for not properly maintaining fire hydrants in his neighborhood.
Ric Cavender filed his complaint May 22 in Kanawha Circuit Court against West Virginia-American Water Company.
According to the complaint, firefighters responded to the fire at Cavender’s home on Chester Road late on May 5 five minutes after they were alerted of the fire.
“The firefighters had everything they needed – except water,” the complaint states. “His home burned to the ground while firefighters scrambled around the neighborhood for hours desperately searching for a fire hydrant with a water supply.
“Mr. Cavender lost everything – his home, his personal belongings and Duke, the family dog.”
The complaint says firefighters tried and failed to get water out of the three hydrants closest to Cavender’s home. Firefighters inside the home, which was on the National Register of Historic Places, were forced to retreat from the blaze.
Cavender says the company “was failing its legal and contractual duties to deliver sufficient water pressure to the fire hydrants.”
The complaint says firefighters were unable to control the blaze because there wasn’t enough water pressure in the hydrants. Firefighters and neighbors watched as the fire grew, worried winds might shift and carried the flames to adjacent homes and buildings.
Eventually, firefighters from Sissonville, Glasgow and the 130th Air National Guard Base brought tankers of water to help. Four hours later, the fire was doused, but the home and the belongings were lost. So was Duke, who had ran back into the home.
The complaint says West Virginia American Water is responsible for installing, inspecting and maintaining hydrants, water mains, pipes and pumps. That includes ensuring proper service and functioning. The City of Charleston pays the company to ensure sufficient water flows through hydrants when needed. In fiscal year 2023, for example, the city will pay $160,000 in taxpayer money for fire hydrant fees.
The company “abjectly failed at its duty to ensure that the fire hydrants have adequate water pressure, thus causing the destruction of Mr. Cavender’s home and belongings,” the complaint states.
He accuses the company of negligence, gross negligence, breach of contract and violating its duties under state code.
Cavender seeks compensatory damages, punitive damages, consequential damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
He is being represented by Michael B. Hissam, Isaac R. Forman and Carl W. Shaffer of Hissam Forman Donovan Ritchie in Charleston. The case has been assigned to Circuit Judge Jennifer Bailey.
Megan Hannah, spokeswoman for West Virginia American Water, said the company is unable to comment on pending litigation.
Kanawha Circuit Court case number 23-C-447