WINFIELD – Seven neighbors of the new Wal-Mart in Hurricane have filed suits against two companies involved in the construction of the store, focusing on blasting during the building process.
The suits were the first seven civil suits filed in Putnam County in 2009. The plaintiffs live on Orchard Park Road and Halahan Street near the Wal-Mart SuperCenter that opened last spring.
The defendants in each of the suits are Cleveland Construction and Kanawha Stone Inc.
In each of the suits, filed by Nitro attorney Harvey Peyton, the plaintiffs say that from Jan. 2, 2007, to June 30, 2007, the defendants "engaged in the intrinsically dangerous and extraordinarily hazardous use of explosives in blasting operations" at a location near their properties.
This blasting, the suits claim, "caused damage to the plaintiffs' real property, diminished the value of these properties and caused each of the plaintiffs to suffer aggravation, annoyance and inconvenience," which they say surely will continue into the future.
The plaintiffs, listed in filing order, are:
Jack and Norma Jean Fellure, Kelma Lois Kirk, Michelle R. and David K. Howell III, Delbert and Betty Lou Lockhart; Jerry H. and Linda Diane Wolfe; Landon M. and Carrie M. Stanley and Stuart Douglas Sowards; and Timothy A. and Rachel I. Spencer.
The plaintiffs seek compensatory damages, costs and pre- and post-judgment interest.
Two of the cases were assigned to Circuit Judge O.C. "Hobby" Spaulding. The other five were assigned to Circuit Judge Philip Stowers.
Putnam Circuit Court case numbers: 09-C-01 through 09-C-07