Commonwealth, Department of Housing, Buildings & Construction v. Collins

HOWARD, Judge.

This is an appeal from a negligence case in which the trial court upheld an award of the Board of Claims in favor of the appellee in the sum of approximately $35,000.

The appellee (“Collins”), in 1978, owned three parcels of land in Campbell County, Kentucky. All 127 acres were located outside any city limits and were not served by a public water supply. In the Spring of 1978, Collins proceeded with plans to build a retirement home on the smallest of his three parcels, that being about 3.48 acres. He had sold his home in Cincinnati the previous year and moved with his family into…