West Virginia Record

Tuesday, January 28, 2020

Another lawsuit filed against Bizzack Construction

By From staff reports | Feb 23, 2018

Paving

LOGAN – Another lawsuit has been filed against Bizzack Construction for property damages from highway construction.

Bizzack Construction LLC; Beckley Drilling & Blasting Services Inc.; and Vecillio & Grogan Inc. were all named as defendants in the suits.

William Mullins and JoAnn Mullins claim from 2014 until 2016, the defendants began blasting through bedrock near their home in the process of constructing a highway, according to the complaint filed Jan. 3 in Logan Circuit Court.

The Mullinses claim as a result of the series of explosions, their real and personal property was damaged, causing it to lose value. They also claim to have suffered loss of use of their property, plus annoyance and inconvenience.

The defendants’ actions caused the plaintiffs to suffer injuries and damages to their property that were temporary and permanent in nature, according to the suit.

The plaintiffs claim the defendants were negligent and their actions constituted a nuisance.

An interference with the private use and enjoyment of another’s land is unreasonable when the gravity of the harm outweighs the social value of the activity alleged to cause the harm, according to the suit.

The plaintiffs are seeking compensatory 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.

There have been at least 30 lawsuits filed against the company—mostly in Logan Circuit Court—for the highway construction since 2016.

The other lawsuits have claimed the defendant’s blasting was and is an abnormally dangerous activity and the defendant is strictly liable for any and all damages.

Logan Circuit Court case number: 18-C-3

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Organizations in this Story

Calwell Luce diTrapano PLLCLogan Circuit Court