CHARLESTON – A Clendenin woman says blasting and other work involving in the construction of the new Clendenin Elementary School damaged her nearby home.
Darlena Lilly filed her complaint in Kanawha Circuit Court against Wolf Creek Contracting Company LLC, Doss Enterprises LC, Sauls Seismic LLC and Nelson Brothers LLC.
According to the complaint, Lilly's home suffered serious structural damage because of "extensive" and "ultrahazardous" blasting. She says the work caused her entire home to vibrate and shake.
"As a result of the blasting, cracks have appeared and/or been greatly exacerbated in Ms. Lilly's home, and Ms. Lilly's home now requires significant work, foundational and otherwise, so as to return it to its state prior to the damage," the complaint states. "Ms. Lilly has suffered damages to the walls, floors, foundation and other parts of her home and property."
She says
Lilly says she also has lost use of her home and property, loss of enjoyment of her home and property, significant annoyance, inconvenience, aggravation and discomfort.
She accuses the defendants of strict liability, negligence, negligent hiring, negligent retention and negligent supervision. She seeks compensatory damages, punitive damages, equitable relief, pre- and post-judgment interests, court costs, attorney fees and other relief.
Lilly is being represented by Shawn R. Romano and Miles B. Berger of Romano & Associates in Charleston. The case has been assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number 24-C-36