Phares v. Division of Highways

The claimants, Victor and Mable Phares, allege that their house has been damaged and continues to be damaged by vibrations from motor vehicles which travel on the Kingmont exit ramp of Interstate 79. They contend that vibrations began to affect their house when the Kingmont exit was built. The respondent contends that any vibrations from the roads surrounding the claimants’ house are minimal and incapable of causing damage to the house. In addition, the respondent contends that the damage to the claimants’ house was caused by settlement rather than vibrations.

The evidence presented in this…