West Virginia Record

Saturday, January 18, 2020

Five more lawsuits filed against Beckley Drilling & Blasting for property damage


By Kyla Asbury | Nov 20, 2018


LOGAN — Five complaints were filed against Beckley Drilling & Blasting by Logan County residents who claim their homes were damaged due to blasting.

Stella McClellan; Nathan Vance and Carrie Vance; Tommy Blair and Deanna Blair; Lonna Moore, as executrix of the estate of Diana Robertson, and Gary Carter; Richard Spears and Jennings Spears; and Helen Brown, through her power of attorney, Angela Miller filed their lawsuits in Logan Circuit Court against Beckley Drilling & Blasting Services.

The defendant began blasting through bedrock near the plaintiffs' homes while it was constructing a highway in 2014 and that blasting continued until November 2016, according to the suits.

The plaintiffs claim they suffered cracks to their homes due to the blasting, as well as a decrease in property value and expenses to repair their homes.

The blasting done by the defendants created a nuisance that was substantial and unreasonable, according to the suits.

The plaintiffs claim vibrations and concussions caused by the blasting constitute a trespass on their properties and their rights as homeowners.

The interference with the private use and enjoyment of another person's land is unreasonable when the "gravity of the harm outweighs the social value of the activity alleged to cause the harm."

The plaintiffs are seeking damages not to exceed $65,000 in each suit. They are represented by attorneys G. Patrick Jacobs of the Law Office of G. Patrick Jacobs in Charleston; and John H. Skaggs of The Calwell Practice in Charleston.

More than a dozen lawsuits have already been filed against Beckley Drilling & Blasting this year for the word done constructing the highway in Logan.

Similar lawsuits have also been filed against Bizzack Construction over the last several years, with more than two dozen filed alleging damages from the highway destruction.

Logan Circuit Court Case numbers: 18-C-226, 18-C-227, 18-C-228, 18-C-229, 18-C-231

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Organizations in this Story

Calwell Luce diTrapano PLLCBizzack ConstructionLogan Circuit Court

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