CHARLESTON – A third potential class action has been filed on behalf of about 1,100 Charleston-area customers who lost natural gas service over the weekend.
Kate Dodson is the named plaintiff in the complaint filed November 16 against West Virginia-American Water Company and Mountaineer Gas Company. She lives on Charleston’s West Side, which is where a high-pressure water line suffered a break November 10.
The force of the water from the leak pierced a main gas line, sending thousands of gallons of water through the system. Mountaineer Gas officials say it could take a week or more to clear the water out of the gas lines.
Cary
| Courtesy photo
But this latest complaint, like the second one, puts more of the onus on WVAWC.
“West Virginia American Water is at it again,” the complaint begins. “In 2014, WVAW’s negligence poisoned our rivers and left more than 300,000 West Virginians without drinking water for weeks. More recently, WVAW’s failure to maintain fire hydrants throughout Kanawha County left firefighters powerless and caused at least two homes to burn to the ground.
“Now, the negligence of WVAW and co-defendant Mountaineer Gas Company has left thousands of Kanawha County families without water or heat during the coldest months of the year. Instead of celebrating Thanksgiving around the family table, they’ll be huddled in warming stations, bathing with bottled water.”
The latest complaint was filed by attorney Michael Cary, a lifelong resident of the West Side.
“I am going to make sure that the companies responsible are held accountable,” Cary told The West Virginia Record. “There’s no justice without accountability. I am a lifelong resident and supporter of the West Side, and I will always be there to provide justice for everyone involved.
“I will continue to fight and provide a voice for the voiceless.”
The first complaint was filed November 14 by attorney L. Dante diTrapano and others. DiTrapano’s law firm is located on the West Side, and he said he and the rest of the legal team on that case want to help their neighbors.
The newest complaint includes a narrative about what Dodson experienced.
“Kate Dodson tried to turn her heat on as the day cooled,” the complaint states. “She heard the furnace turn on and heard the pilot light click, but no heat came on. Right away, Kate called a local plumbing and HVAC repair company, who arrived on the scene within hours.
“When the repairman opened Kate’s HVAC unit, water began shooting out of the gas pipe. The repairman, who had never seen anything like that, told Kate to call the gas company. When Kate called Mountaineer Gas, a representative told her that a water main break had filled the gas lines with water.”
The complaint says Dodson was not notified of any such contamination. Had she been told, she says she could have closed off the gas lines coming into her home to protect her furnace and hot water heater, which was just installed a few months ago.
Dodson says she didn’t receive any notice from WVAWC about a water main break either. She received no notices about the situation until the night of November 11 when MGC issued a statement about “a significant sustained water leak” that had entered gas lines.
“Kate and members of the putative class have lost the use and enjoyment of their home for many days during the coldest season of the year for an indeterminate amount of time until gas service can be restored,” the complaint states. “The loss of their homes has caused Kate and putative class members significant worry, frustration, and mental anguish.
“For days, potential class members have been forced out of their homes and into public showers and heating stations.”
The complaint says customers won’t be able to safely use gas appliances until they are inspected, but the ongoing risk of latent damage could result in future leaks, or even fires and explosions.
“So many people and families have been adversely affected by this crisis,” Cary told The Record. “A lack of communication from the onset left residents wondering what was happening.
“The families who used gas to cook woke up not being able to provide breakfast for their children. The senior citizens woke up to cold apartments and the list goes on. It wasn’t until several people on Facebook started to post that any sort of information was provided.”
The latest complaint accuses WVAWC and MGC of negligence, private nuisance, public nuisance, trespass and unfair or deceptive business practices. It also seeks establishment of a trust funded by the defendants to pay for the replacement, inspection and servicing of any home appliances fed by MGC lines in the affected area.
Dodson and the potential class seek compensatory and consequential damages, punitive damages, court costs, expenses, pre- and post-judgment interests, attorney fees and other relief.
On November 15, Gov. Jim Justice declared a state of emergency in Kanawha County because of the incident. He activated the West Virginia National Guard to assist with necessary resources.
“I have spoken with the Vice President of Mountaineer Gas, and we're closely following their progress in restoring service to families,” Justice said. “From what I understand, it is no easy task, but they expressed they are diligently working to get gas turned back on as fast as possible. I have offered any state resources they may need to assist them.”
Justice said he also has asked the state Public Service Commission to begin a full investigation into the cause of the outage and to “hold the responsible parties accountable.”
“This will not get swept under the rug and disappear without answers,” Justice said. “To the resilient residents of the West Side: We are here with you during this challenging time. We are pulling the rope together and will get through this together.”
The city, Mountaineer Gas, the Red Cross, the United Way and others are working to meet the needs of residents affected by the loss of gas service.
The latest complaint has been assigned to Senior Status Judge Jim Rowe.
Kanawha Circuit Court case number 23-C-1010