August 6, 2009
Fourth lawsuit filed in construction of U.S. 35
Advertiser

WINFIELD, W.Va. -- A Putnam County woman has filed a lawsuit against Mountaineer Grading Co., alleging damage caused during construction of the new U.S. 35.

It's the fourth lawsuit to come against the company in less than a month.

Fontaina Scott, of Fraziers Bottom, filed the suit on Wednesday in Putnam County Circuit Court.

The lawsuit alleges vibrations from blasting operations conducted by Mountain Grading in the summer and spring of 2008 caused a nuisance, damaged her home and diminished its value.

The lawsuit asks for compensation for property damage and loss of use, enjoyment, recreation and value to her property, in addition to annoyance and inconvenience, punitive damages and all attorney fees.

In July, a Fraziers Bottom family filed three lawsuits against the Elkview company for alleged nuisance and damage to their homes caused by vibrations and dust from the blasting operations.

Calvin and Tonja Akers, Danny and Catherine Akers and Delia Akers ask for the same compensation as Scott.

Scott lives on Evergreen Road, and the Akerses live along Stave Branch Road and Evergreen Road.

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