Between June 2014 and June 2016, Mine Locomotive Controller Service Inc. and Frank Dillon and Diana Dillon’s real property began experiencing cracks and subsidence that had not existed prior to the blasting done by the defendant, according to two complaints filed Feb. 9 in Logan Circuit Court.
The plaintiffs claim Bizzack began blasting bedrock near their property in the process of constructing a highway, and that was when their properties were damaged.
The defendant’s blasting was and is an abnormally dangerous activity and the defendant is liable for any and all damages to the plaintiffs’ property caused by or resulting from the blasting, according to the suit.
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, the plaintiffs 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; and G. Patrick Jacobs of the Law Office of G. Patrick Jacobs.
The cases were assigned to Circuit Judge Joshua Butcher.
At least 19 lawsuits have been filed against Bizzack for property damage due to the highway construction in Logan Circuit Court.
Logan Circuit Court case numbers: 17-C-51, 17-C-53