LOGAN – Another lawsuit has been filed against Bizzack Construction for alleged property damages from highway construction.
The lawsuit brings the total to at least 24 lawsuits filed against the company — mostly in Logan Circuit Court — for the highway construction.
Sherman Kirk and Regina Kirk claim from June 2014 until June 2016, their property began to experience cracks and subsidence that had not existed prior to the defendant’s blasting, according to a complaint filed May 29 in Logan Circuit Court.
The defendant set off a series of explosions on their highway construction project located near their property in Logan County.
The Kirks claim as a result of the explosions, they have experienced a loss of use of their property, along with annoyance and inconvenience.
The defendant’s blasting was and is an abnormally dangerous activity and the defendant is strictly liable for any and all damages to the plaintiffs’ property caused by or resulting from the blasting, according to the suit.
The Kirks claim the explosions caused them actual damages and diminished the value of their property.
The plaintiffs have incurred and will incur in the future, damages to their home and real property; 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 suit.
The Kirks are seeking compensatory damages. They are being represented by John H. Skaggs of The Calwell Practice; and G. Patrick Jacobs of the Law Offices of G. Patrick Jacobs.
Logan Circuit Court case numbers: 17-C-167