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Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com. Date: 10-09-1997 Case Style: Carson and Ruby Wright v. Premier Elkhorn Coal Company, Bizzack, Inc., and et al. Case Number: 96-CI-00520 Judge: Charles Lowe Court: Circuit Court, Pike County, Kentucky Plaintiff's Attorney: Will T. Scott, Pikeville, Kentucky Defendant's Attorney: Lee A. Smith, Pikeville, Kentucky Description: On April 17, 1996, Carson and Ruby Wright (the Wrights) filed a complaint against Premier Elkhorn Coal Company (Premier), Bizzack, Inc. (Bizzack) and Unknown Defendants. The complaint alleged that as a result of blasting operations, damage occurred to their home and to several other structures located on the their property. After various third-party complaints had been filed, the Wrights filed an amended complaint. In addition to re-naming the original defendants, the amended complaint named Battle Ridge Companies (Battle Ridge) and Farmer's Supply and Explosives, Inc. (Farmers Supply) as defendants. Outcome: The jury found no liability on the part of Bizzack. However, the jury did find that blasting by Premier was a "substantial factor in causing damage" to the Wright property. A judgment of $16,000 was entered against Premier. Plaintiff's Experts: Unknown Defendant's Experts: Unknown Comments: Revered and remanded for a new trial by the Court of Appeals of Kentucky on August 27, 1999. |
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