CHARLESTON — Five more lawsuits have been filed against Bizzack Construction for blasting during highway construction that caused property damage.
Aubrey Morgan and Jennifer Morgan; Wade Houck and Karen Houck; Jeff England; the town of Mullens; and Iris Crook filed lawsuits against Bizzack Construction and the West Virginia Department of Transportation-Division of Highways for blasting that was done between Dec. 4, 2017, and Feb. 14, 2019, when the department was constructing the Coalfields Expressway in Wyoming County.
"As a direct and proximate result of the blasting activities, the Plaintiffs have suffered damage to their real and personal property," one of the complaints states. "As a direct and proximate result of the blasting activities, the Plaintiffs have suffered diminished value to their real and personal property as well as loss of use of their real and personal property."
The plaintiffs all claim Bizzack's blasting activities were abnormally dangerous and they are reliable for the damages done to the plaintiffs' properties.
The plaintiffs claim if their damages are permanent and the cost of repair exceeds the fair market value of the properties, Bizzack is liablefor those damages and for non-economic damages, aggravation, inconvenience and annoyance.
Bizzack breached its duty owed to the plaintiffs by failing to perform or have performed blasting acitivites in a proper manner so that they would not have been harmed, the complaints state.
The blasting activities performed by Bizzack constituted dangerous activities and were performed in a negligent manner, according to the suit.
The plaintiffs allege the concussions and vibrations during the defendants' blasting activities constituted a trespass on their properties and caused them damages.
The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are represented by Stephen P. New and Wesley V. Queen of New Taylor & Associates; and G. Todd Houck.
The cases were assigned to Circuit Judges Tod J. Kaufman, Charles King, Tera Salango and Joanna Tabit.
Since 2018, dozens of lawsuits have been filed in Kanawha and Logan circuit courts regarding the blasting activities during the highway construction. Many have alleged they suffered property damage from the blastings.
Kanawha Circuit Court case numbers: 21-C-134, 21-C-135, 21-C-136, 21-C-137, 21-C-138