The Register-Herald, Beckley, West Virginia

Local News

January 13, 2009

Little General back in court over 2007 Ghent blast

More than $1 million being sought by chain for damages; defense attorneys say, ‘too late’

By Michelle James

Although an undisclosed settlement was reached in July with the victims of the 2007 explosion at the Ghent Little General Store, many of the parties involved were back in the courtroom Tuesday when attorneys for Little General requested they be allowed to file claims for property damages and loss of business.

Named as defendants in the matter are Thompson Gas and Electric Service and/or Thompson Gas, Thompson Gas Propane Partners, TGEnergy Inc., Ferrellgas, RegO Claimants Trust and Trinity Industries.

According to court documents, Little General is seeking property damages of $441,650.02 and $600,000 in lost business.

Attorneys for the defendants argued Little General attorneys were too late in filing their claim since deadlines set forth by Raleigh County Circuit Judge H.L. Kirkpatrick had expired.

Little General attorney Jim Sheatsley told Kirkpatrick the claim had not been filed earlier because it was not known how much of the damages would be covered by insurance.

Defense attorneys, however, argued Little General made a tactical decision not to file claims.

As other claims were being filed, Ferrellgass attorney Brian Swiger said, “Little General sat back and did nothing in regards to (its) property damage.”

Swiger argued allowing Little General to file a claim at this point would be prejudicial and force all parties involved to take a step back, to “deal with a claim that should have been brought up months ago.”

Brian McCloud, attorney for Empire Insurance, told the judge he was present during the July mediation meetings and informed all defendants at that time that claims would be filed.

Kirkpatrick did not rule on the matter Tuesday, saying the situation was “a little more complicated” than he had anticipated.

He instead told the attorneys he would put his decision in writing as soon as possible.

— E-mail: mjames@register-herald.com

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