West Virginia Record

Thursday, December 12, 2019

Latest Bizzack lawsuit brings total to more than two dozen

By Kyla Asbury | May 17, 2017


LOGAN – The latest lawsuit against Bizzack Construction alleging property damages brings the total of lawsuits against the company to more than two dozen.

Dwight Neal and Coral Neal allege that beginning in September 2013 and continuing through June 2016, the defendant set off a series of explosions on their highway construction project located adjacent to their property in McConnell, according to a complaint filed in Logan Circuit Court.

The Neals claim as a result of the series of explosions, their real property began experiencing cracks and subsidence that had not existed prior to the blasting done by the defendant.

As a result of the explosions, the Neals have experienced a loss of use of their property, along with annoyance and inconvenience, according to the suit.

The Neals claim the explosions caused them actual damages and diminished the value of their property.

The defendant was negligent with its intentional acts of trespass by allowing and/or causing a quantity of dust, dirt and rocks to infiltrate the plaintiff’s property, according to the suit.

The Neals are seeking compensatory damages. They are being represented by Robert B. Kuenzel of Kuenzel Law.

At least 23 lawsuits have been filed against Bizzack for property damage due to the highway construction in Logan Circuit Court. The majority of the plaintiffs in the previous lawsuits are represented by John H. Skaggs of the Calwell Practice; and G. Patrick Jacobs of the Law Office of G. Patrick Jacobs.

Logan Circuit Court case numbers: 17-C-123

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Organizations in this Story

Kuenzel & Associates, PLLCLogan Circuit Court