A Kanawha County school board member has filed a lawsuit contending that his house burned down, his belongings were destroyed and his dog died because nearby fire hydrants lacked enough water pressure to respond to the blaze.
Lawyers for Ric Cavender filed the suit Monday in Kanawha Circuit Court against West Virginia American Water. The lawsuit is a response to the fire at Cavender’s house on the evening of May 5.
West Virginia American Water, invited to respond to the circumstances surrounding the lawsuit, replied that the company doesn’t comment on pending litigation.
The lawsuit says Cavender’s home burned to the ground “while firefighters scrambled around the neighborhood for hours desperately searching for a fire hydrant with a water supply. Mr. Cavender lost everything — his home; his personal belongings; and Duke, the family dog.”
Cavender, executive director of Charleston Main Streets, lived in a home listed in the National Register of Historic Places in the Edgewood neighborhood of Charleston. Emergency responders were alerted to a fire at 11:14 that night and arrived on scene five minutes later.
“Mr. Cavender and his neighbors looked on in dismay as firefighters scoured the neighborhood, trying — but failing — to get water out of the three fire hydrants nearest Mr. Cavender’s home.”
Firefighters inside the home eventually had to retreat as the blaze grew larger, according to the lawsuit. Eventually, the Sissonville Volunteer Fire Department, the 130th FES McLaughlin Air National Guard Base Fire Department and the Glasgow Volunteer Fire Department were able to assist with tankers of water.
“That relief came too late for Mr. Cavender,” according to the lawsuit. “By that time, the heavy smoke had turned into an uncontrollable blaze.”
Dousing the fire and preventing it from spreading required four hours, according to the lawsuit. The fire destroyed Cavender’s home and belongings, and the house wound up being demolished.
Duke, the Cavender family dog, had run back into the home and died as it burned.
The lawsuit contends that West Virginia American Water has an obligation to ensure that fire hydrants can function when they are needed. The lawsuit notes that the City of Charleston pays $160,000 annually for fire hydrant fees, including maintenance and upkeep.
But the lawsuit says the water company the fire hydrants that didn’t work the night of Cavender’s fire with garbage bags.
The lawsuit contends the water company acted with negligence and breached its contract for water service. Lawyers for Cavender are asking for a jury trial, compensatory and consequential damages, court costs, interest, punitive damages attorney fees and any other relief for Cavender.