By Bill Robinson
Register News Writer
October 04, 2008 09:26 pm
—
In their responses to a lawsuit by home owners in Stateland subdivision, Richmond Centre developers and a contractor have denied that blasting at the 120-acre site caused damaged to homes across Interstate 75 from the new retail complex.
The responses for developers Crosland LLC of Charlotte, N.C., and Carolina Holdings Inc. of Greenville, S.C., and general contractor Hoar Construction LLC of Birmingham, Ala., were filed by Louisville attorney James Kessinger.
The separate responses are virtually identical.
“The plaintiff’s damages, if any, were caused or substantially affected by cyclical environmental stresses” or a variety of other causes, the responses allege.
They claim that, “human activity stresses, deterioration due to age, lack of appropriate maintenance, inadequate construction, neglect, and/or other naturally occurring conditions,” could have caused or contributed to any damage suffered by the homeowners.
The responses also argue that the plaintiff’s case should be rejected, at least in part, because of their “failure” to take corrective action that might have limited any alleged damage.
Stateland residents have said that cracks appeared in their driveways and the foundations of their homes after blasting to level the 120-acre site on Barnes Mill Road between I-75 and Goggins Lane began in the summer of 2007.
The historic drought of 2007 probably caused soil to recede from the homes’ foundations, and that could have contributed to the cracked foundations that residents reported, Jeff Taylor, director of the Kentucky Division of Explosives and Blasting, said last fall.
He said his representatives had investigated the practices of excavation subcontractor Elmo Greer and Sons of London and found that the charges being shot were within legal limits and conformed to accepted industry standards recommended by the U.S. Bureau of Mines.
“I’m sympathetic to citizens who have suffered damaged, but according to research (done for the U.S. Bureau of Mines), the blasting shouldn’t be damaging those houses,” he said.
Pattie A. Clay suit
In its response to a lawsuit filed by Pattie A. Clay Regional Medical Center alleging that it is being inadequately re-imbursed for treating Medicaid patients, the Kentucky Cabinet for Health and Family Services claims the hospital failed to exhaust administrative remedies before filing suit.
If the suit is not dismissed, the cabinet asked the court to transfer the case to Franklin County, which it claims would be the appropriate venue.
In a paragraph-by-paragraph response, the cabinet makes few attempts to refute the hospital’s allegations. In most instances, the response simply states that the cabinet denies the hospital’s contention or version of the facts.
In other instances, the response simply refers to state or federal statutes or regulations and states they “speak for themselves.”
Bill Robinson can be reached at brobinson@richmondregister.com or at 623-1669, Ext. 267.
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