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Torts Keyed to Duncan
Aikens v. Debow
Citation:541 S.E.2d 576 (W. Va. 2000)
Robert Debow (defendant), a truck driver employed by Craig Paving, Inc. (defendant), was carrying a trackhoe down I-81 and under the Route 901 overpass when the trackhoe hit the overpass, damaging the bridge. The bridge was closed for nineteen days for repairs. Richard Aikens (plaintiff) owned a motel and restaurant that was most easily accessed by the Route 901 overpass. The plaintiff sued the defendants for negligence, seeking damages for reduced revenue caused by the overpass closure. The Defendant moved for summary judgment on the grounds that the plaintiff could not recover damages for economic loss without any bodily injury or property damage.
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