CHARLESTON — Frontier West Virginia is suing Mountaineer Gas Company claiming the defendant damaged an underground cable.
Frontier noticed on November 10, 2021, that one of its cables near 205 Fifth Avenue in South Charleston was damaged, according to a complaint filed in Kanawha Circuit Court.
The defendant failed to take measures to protect Frontier's underground cables before performing an excavation and failed to perform the excavation carefully and prudently.
"As a result, Frontier's underground facility had to be repaired and/or replaced at Frontier's expense," the complaint states. "This interruption caused damages for which the plaintiff seeks to recover."
Frontier claims utility companies rely heavily upon underground distribution facilities and when utility companies have their underground facilities damaged, as the defendant did in this incident, vital public services are disrupted.
"Defendant, acting through their agents, employees and/or representatives deliberately, negligently and intentionally engaged in activities and damaged Plaintiff's underground cables/facilities," the complaint states.
Frontier claims the defendant is liable for damages caused by the conduct of its employees or agents. It claims the defendant committed trespass when it damaged the cable.
Frontier is seeking compensatory damages with pre- and post-judgment interest. It is represented by John Hansberry of Fox Rothschild in Pittsburgh.
Kanawha Circuit Court case number: 23-C-904