Judge OKs $18M settlement in Dunbar water main break case

CHARLESTON – A Kanawha County judge has approved a settlement worth up to $18 million in a class action regarding a 2015 water main break in Dunbar.

Kanawha Circuit Judge Carrie Webster issued the order September 12 granting final approval of the settlement between the plaintiffs and West Virginia-American Water Company. The final fairness hearing was held September 11.

Webster had signed an order granting preliminary approval to the settlement in May.

“This main break occurred in June of 2015, over 10 years ago,” said L. Dante diTrapano, one of the attorneys representing the plaintiffs. “We are thrilled that after all these years, including two trips to the West Virginia Supreme Court of Appeals, that we persevered and were able to get some benefits for the people of Dunbar.”

The case, which is styled Jeffries v. West Virginia-American Water Company, was filed in 2017. The settlement provides for two types of claims for class members. One is a simple claim, and the other is a claim with evidence. Only one claim per household or business can be made.

WVAWC will pay up to $18 million, and up to $13 million of them will be for the simple claims. The individual simple claim amount will be $175 per household, and it will be $525 per business.

If a household has proof such as emails, text messages and social media posts showing an impact from the event, it can recover $225. Claims with receipts for additional expenses showing lost profits or additional expenses directly related to the event can receive up to $500 per household and $1,525 per business.

If the simple claims plus attorney fees and costs exceed the $13 million, the claims amount will be reduced proportionally. If all of the claims exceed $18 million, the claims with evidence also will be reduced proportionally.

In the original complaint, the plaintiffs say they suffered following a “preventable and foreseeable” loss of water service by a leak in Dunbar on June 23, 2015.

Initial repair attempts were unsuccessful, and repair efforts created other issues. Regular service was not restored until June 27, 2015. Then, another issue on June 29 created more problems for thousands of the same customers. Regular service was not restored again until July 1.

This interruption of service occurred in what the water company calls the western Kanawha Valley District and affected a total of about 120,000 residents and businesses in Kanawha and Putnam counties.

“The western portion of the Kanawha Valley District is entirely dependent on a single large-diameter 36-inch prestressed concrete cylinder pipe (PCCP) which is known to be unreliable and prone to breaks,” court documents state. “Indeed, dating back as far as 1989, this main broke repeatedly, approximately every 3-4 years.”

In July 2022, Webster issued an order granting the class certification to the case originally filed in 2017. Webster previously had granted class status in the case, but that decision was taken to the state Supreme Court to make sure it followed the guidelines for class certification set by a 2020 state Supreme Court ruling that slightly changed how class certifications are made.

The class is all WVAWC customers, residents and businesses located within the boundaries of the service area served by the 36-inch water main that broke, but excluding any WVAWC employees or its affiliates, judicial officers and immediate family members and associated court staff assigned to the case, class counsel and attorneys who have made an appearance for the defendants in the case and those who exclude themselves from the class via opt outs.

“The parties believe the proposed settlement to be an appropriate resolution to many years of litigation and recognize that, if approved by the court, the proposed negotiated settlement would resolve all pending litigation related to the matter and provide a claims process for affected customers to receive compensation,” a joint statement from May by both parties said. “As part of the proposed agreement, West Virginia-American Water Company does not admit liability related to the subject main break.”

The class is being represented by diTrapano and Alex McLaughlin of Calwell Luce diTrapano in Charleston, Van Bunch of Bonnett Fairbourn Friedman & Balint in Phoenix and W. Jesse Forbes of Forbes Law Offices in Charleston. WVAWC is being represented by Tom Hurney, Alexandra Kitts, Albert Sebok and Blair Wessels of Jackson Kelly in Charleston and by Kent Mayo of Baker Botts in Washington, D.C.

Further information about the settlement can be found at www.dunbarmainbreak.com.

Kanawha Circuit Court case number 17-C-765