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Carson and Ruby Wright v. Premier Elkhorn Coal Company, Bizzack, Inc., and et al.

Date: 10-09-1997

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.

About This Case

What was the outcome of Carson and Ruby Wright v. Premier Elkhorn Coal Company, B...?

The outcome was: 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.

Which court heard Carson and Ruby Wright v. Premier Elkhorn Coal Company, B...?

This case was heard in Circuit Court, Pike County, Kentucky, KY. The presiding judge was Charles Lowe.

Who were the attorneys in Carson and Ruby Wright v. Premier Elkhorn Coal Company, B...?

Plaintiff's attorney: Will T. Scott, Pikeville, Kentucky. Defendant's attorney: Lee A. Smith, Pikeville, Kentucky.

When was Carson and Ruby Wright v. Premier Elkhorn Coal Company, B... decided?

This case was decided on October 9, 1997.