Additional lawsuits filed by Kanawha County Commission on chemical spills

By Staff Writer | Jan 12, 2016 03:35 AM EST

Lawsuits have been filed against West Virginia American Water Company, Eastman Chemical Company and Freedom Industries executives by the Kanawha County Commissions. These cases were all brought about by the 2014 water crisis.

Included as defendants of the case are American Waterworks Company, American Waterworks Service Company, Gary Southern, and Dennis Farrell. Other plaintiffs on the said case were the City of Charleston, the Charleston Convention, and Visitors Bureau. Lastly, the Kanawha-Putnam Health Department

On January 9, 2014, a 10,000-gallon chemical spill identified as crude MCHM leaked from the company Freedom Industries Etowah River terminal along the Elk River. After the incident, the West Virginia American Water Company issued an order to stop using the water resulting to zero water supply to almost 300,000 residents and businesses in West Virginia.

Represented by William C. Forbes, the plaintiffs reiterated that this particular incident could have been avoided if only the said defendants were cautious and followed the strict guidelines with due care. Because of the incident, the City Of Charleston lost millions of dollars in revenues and reduced property values resulting in the decline of the city's tax base. Moreover, the commission is asking for compensatory and punitive damages and a pre and post-judgment interest. This includes a medical monitoring program to be led by the Kanawha-Charleston Board of Health.

Several personal lawsuits were also filed by certain individuals. Leonard Craig Jarvis complained against Little Caesar Enterprise Inc., which was reported to have been serving pizza even after the ban was imposed. In the documents showed by the court, there are approximately 100 cases filed by different individuals, half of which seeks class action status.

In an interview, Kanawha County Commissioner Dave Hardy said that the county has an obligation to the public to make sure that all cost will be recovered due to the water crisis. The defendants, not the residents should be held accountable and should pay for the damages.

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