West Virginia American Water Sued for Unsafe Water in Another Class Action

Updated 6 years ago by Tony Rutherford HuntingtonNews.Net Reporter
West Virginia American Water Sued for Unsafe Water in Another Class Action

Class action lawsuits have now been  filed in Kanawha County Circuit Court, Putnam County Circuit Court and U.S. District Court against Freedom Industries and/or WV American Water.  Since Freedom filed bankruptcy, the most recent complaints name West Virginia American Water, since Freedom's bankruptcy filing created an automatic stay of litigation.

One Kanawha County complaint  alleges that Freedom Industries and West Virginia American Water are "public nuisances."

Attorneys have  asked for a Temporary Restraining Order to prevent either company from altering or destroying documents.

A Putnam County attorney filed a class action naming WV American Water alleging that the company breached its duty by selling "adulterated water" which has cause past, present and future damages, including emotional distress.  Plaintiffs include the residents and citizens of Buffalo, WV, as well as "Buffalo Diner" and "Desi's."

 The Peyton Law Firm (which incidentally has an online art gallery, http://www.peytonlawfirm.com/Art-Collection ) "failed to furnish its customers water for domestic use which is pure, wholesome, and in no way dangerous to the health of the consumer." The complaint continues that the substance known as 4-methylcyclohexane methanol "is poisonous or injurious to the health of man and had been mixed with certain substances that depreciate or injuriously effect is quality and purity."

Damages for the town itself  include loss of property value, the city's overtime for its public safety personnel , and loss of B & O taxes. The restaurants allege loss of income, loss of its physical plant and equipment, and loss of business confidence. Individuals allege they can not utilize their residences for bathing, cooking, and doing laundry.

Plaintiffs contend they were on January 16 and 17 "induced to consume that water product at a time when the defendant (WVAW) knew or through the exercise of due care should have know, the water  it was selling was contaminated with 4-methylcyclohexane methanol...."


Read the complaints by downloading the PDF's below.