Mighty Mite Corp. v. Division of Highways

SAYRE, JUDGE:

Claimants Mighty Mite Corporation and Franklin Grogg and Rhoda Grogg brought actions for property damage to their real property, which claimants allege occurred as a result of respondent’s negligent construction of a bridge. Mighty Mite Corporation’s (hereinafter referred to as Mighty Mite) property and the Groggs’ residence are adjacent to U.S. Route 35 in St. Albans, Kanawha County and are on either side of Tackett’s Creek, which flows beneath a bridge on U.S. Route 35. The present bridge on U.S. Route 35 is three lanes wide and was constructed by the Respondent in 1992,…