KINGWOOD — Monongahela Power Co. sued Frazee & McCall Coal Company alleging it damaged facilities to the tune of more than $400,000 in damages.
Frazee & McCall Coal Company is also known as F&M Coal Company.
Mon Power alleges the jurisdiction and venue are proper for the cause because Preston County was where the incident occurred and where the electrical facilities that were damaged are located.
Mon Power claims in July 2021, there was an incident in which Frazee negligently struck and damaged Mon Power's electrical facilities, according to a complaint filed in Preston Circuit Court.
Mon Power claims to repair the damage to its facilities and restore power to its customers, it had to incur substantial costs for materials, equipment, labor and contractor costs for a total of $407,977.37.
"Defendant Frazee was performing coal operations when it breached its duty to safely conduct coal operations and damaged Mon Power's electrical facilities," the complaint states. "A coal operator who conducts business has a duty to proceed without damaging electrical facilities. Defendant Frazee negligently entered into Mon Power's utility right-of-way and damaged its electrical facilities at or near 1246 St. Joe Road, Albright, Preston County, West Virginia."
As a proximate result of Frazee's negligent conduct, Mon Power repaired its facilities and suffered damages in the amount of $409,977.37.
Mon Power claims it is seeking compensation for Frazee's failure to comply with applicable law in West Virginia.
The plaintiff's underground electrical facilities located in Preston County were the facilities damaged due to Frazee's negligence, according to the suit.
Mon Power is seeking compensatory damages in the amount of $409,977.37 with interest. It is represented by Lee R. Demosky of Meyer, Darragh, Buckler, Bebenek & Eck of Greenburg, Pa.
The case is assigned to Circuit Judge Steven Shaffer.
Preston Circuit Court case number: 23-C-51
