CHARLESTON – A Kanawha County couple blames West Virginia American Water for major damage to their newly purchased home as well as the wife's subsequent heart attack.
Dennis and Tina Lesavich filed their complaint September 24 in Kanawha Circuit Court against West Virginia American Water Company.
According to the complaint, the plaintiffs purchased a home on Cane Fork Road in Charleston through auction on July 13, 2023. They were not allowed to inspect the residence before the auction. They planned to use the home as their primary residence.
After buying the home, Dennis Lesavich contacted WVAWC, which agreed to provide water service starting July 24, 2023. The water company was told no one would be present when water service was started because the family was in Florida at that time.
When WVAWC employees turned on water service that day, the plaintiffs say the company failed to follow its rules to ensure that no water within the residence was freely flowing by verifying that the meter was not continuing to run after service was started.
Instead, the plaintiffs say the safety measures were not followed, allowing water to run for several hours before neighbors discovered a water leak and were able to turn off the water at the meter.
The couple says water lines and systems within the residence had been damaged and compromised by faucets having been removed and copper piping missing, presumably through vandalism and theft.
As a result, about 15,000 gallons of water had poured into the residence, resulting in 4 to 6 inches of water in the basement as well as water on other levels of the home. The plaintiffs say the damage cost more than $70,000 to repair, which included demolition of portions of the interior of the home affected by water.
The couple says the water company refused to accept responsibility for the damage and has failed to make payment for the damage that occurred. They say the company has offered an amount far less than the expenses they paid to repair the damage.
In addition to monetary damages, they say they suffered aggravation, annoyance, inconvenience and mental anguish during the remediation process. In addition, Tina Lesavich suffered personal injuries as a result of a fall. After that, she says she ended up having a stress-induced heart attack known as Takotsubo Syndrome because of the incident.
"Tina Lesavich suffered exrreme emotional distress and anxiety, thought she was dying, and continues to suffer such distress and anxiety up to the present, caused by a fear that she could have a recurrence of the stress-induced heart attack, and she has had to modify her life in many significant respects to avoid encountering stressful situations," the complaint states.
Those medical expenses exceeded $100,000. And because of her injuries, Dennis Lesavich says he has suffered a loss of consortium.
The couple seeks compensatory damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
They are being represented by Arden J. Curry II of Pauley Curry PLLC in Charleston and by Stephen D. Annand and Jonathon C. Stanley of Robinson & McElwee in Charleston. The case has been assigned to Circuit Judge Stephanie Abraham.
Kanawha Circuit Court case number 24-C-1060