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Plaintiff says removed pipe sections thwarted investigation; gas company urges statute‑of‑limitations dismissal
Summary
Clay Music argues two removed pipe sections at the explosion scene prevented timely discovery of how natural gas entered the building and contends defendants' actions support tolling; Mountaineer Gas says the record and related litigation made plaintiffs aware and that a 2‑year statute of limitations bars the claim.
David Barney, counsel for Clay Music, urged the court that the removal of two pipe sections at the scene after the July 18, 2021 explosion thwarted the plaintiff's ability to trace how natural gas migrated into the building and whether the gas distributor's conduct caused the blast. He argued the complaint pled particularized facts, asserted fraudulent concealment and intentional spoliation, and asked the court to reverse the dismissal and remand for factfinding.
Mountaineer Gas counsel Carrie Goodwin Fenwick argued the record shows other parties filed suit earlier, investigations occurred, and the scene was inspected—so Clay Music and related entities had the opportunity to learn the relevant facts within the limitations period. Fenwick said Judge Ballard properly applied the 2‑year statute and that the complaint did not plead fraud with particularity required to toll limitations. Judges pressed both sides on whether the missing pipe sections actually prevented discovery and whether the complaint's allegations met the Rule 12(b)(6) standard. The court submitted the argument for decision.
