Parlato v. Metropolitan Atlanta Rapid Transit Authority

Banke, Judge.

Plaintiffs brought this action against MARTA and its contractor, Expressway Constructors, to recover for physical damage, vandalism, and loss of commercial use of their buildings allegedly caused by construction of a subway under the street abutting the buildings. The parties stipulated that Expressway “was engaged at all times material to this action as prime contractor in the area of the property which is the subject of this action.” It was also stipulated that “[l]oss of lateral support combined with other incidents of construction caused physical damage to the property,…