West Virginia Record

Saturday, December 14, 2019

Five lawsuits filed against Bizzack Construction for blasting damages

By Kyla Asbury | Jan 30, 2017

General court 01

LOGAN – Five lawsuits have been filed against Bizzack Construction after the plaintiffs claim their homes have been damaged due to the company’s blasting efforts during highway construction.

Beginning in 2013 and continuing through the fall of 2016, John Wooten and Charlotte Wooten; Charles Harrison; Gregory Copley and Shawn Copley; Eric Oney; and Imogene Mullins experienced damages to their real properties, including cracks in their homes and subsidence that had not previously existed prior to Bizzack’s blasting, according to five complaints filed in Logan Circuit Court.

The plaintiffs claim their real property has been and continues to be damaged.

Bizzack began blasting through bedrock near the plaintiffs’ homes in the process of constructing a highway in 2013 and continues to do so, according to the suits.

The plaintiffs claim the defendant’s blasting is an abnormally dangerous activity and Bizzack is strictly liable for any and all damages to their properties caused by or resulting from the blasting.

The plaintiffs’ damages and continuing damages are a direct and proximate result of the defendant’s abnormally dangerous activity.

As a direct and proximate result of the defendant’s actions, they have incurred and will continue to incur damages to their homes and real properties; a decrease in the value of their property; expenses for repairing their home and property; substantial annoyance and inconvenience; and the loss of use and enjoyment of their home and property, according to the suits.

The plaintiffs are seeking compensatory and punitive damages. They are being represented by John H. Skaggs of the Calwell Practice.

Logan Circuit Court case numbers: 16-C-305, 16-C-306, 16-C-307, 16-C-319, 16-C-320

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Organizations in this Story

Calwell Luce diTrapano PLLCBizzack ConstructionLogan Circuit Court