A map showing the area affected by the 2015 Dunbar water main break. Residents in this area can opt-out of a class-action lawsuit related to the incident.
In June 2015, around 25,000 West Virginia American Water customers in western Kanawha, eastern Putnam, eastern Mason and northern Lincoln counties had their water service affected by a water line break.
Ten years later, a payout from a class action lawsuit is beginning.
Lawsuit
The lawsuit alleges that in 2011, the West Virginia Public Service Commission issued an order requiring West Virginia American Water to increase its “unacceptable†existing water main replacement rate, but the water company failed to do so.
According to the lawsuit, the plaintiffs allege the water main break and its repair resulted in two separate water service interruptions that caused outages, inadequate water pressure and boil water advisories for a period of three to seven days.
The lawsuit was appealed to the West Virginia Supreme Court of Appeals in 2021 and 2023.
A settlement agreement preliminarily approved Monday by Kanawha County Circuit Court Judge Carrie Webster will lead to compensation for affected residents and businesses. As part of the settlement, WVAW is not admitting liability.
In a joint statement, all attorneys wrote they believe the proposed settlement to “be an appropriate resolution.â€
A map showing the area affected by the 2015 Dunbar water main break. Residents in this area can opt-out of a class-action lawsuit related to the incident.
Courtesy image
Payout
WVAW is paying up to $18 million, which will include attorney’s fees and court costs, in the settlement. Attorneys Dante’ diTrapano, Alexander McLaughlin, Jesse Forbes and Van Bunch intend to ask to be paid up to 40% of the settlement amount, according to court documents
Residents in the affected area between June 23-July 1, 2015, can receive up to $500 for their household, depending on what evidence they can submit. Individuals with no evidence besides residency can receive up to $175 for their household.
Businesses operating in the affected area during that timeframe can receive up to $1,525 depending on what evidence is submitted of lost profit or extra expenses. Businesses with no evidence besides proof of being a WVAW customer can receive up to $525.
Claims must be filed by Aug. 22. The final approval hearing is set for Sept. 11. The claims process will be detailed later at DunbarMainBreak.com, or call 1-877-537-1084 for more information.
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