Velegol v. Division of Highways

Claimants brought this action for damage to their well which they allege was caused by respondent’s negligent drilling of core borings during a construction project on Route 2 near Colliers in Brooke County. The Court is of the opinion to deny this claim for the reasons set forth more fully below.

The incident giving rise to this claim allegedly occurred sometime in mid-January 1999. A core boring project being performed by HDR, an engineering firm with which respondent had a contract, began in late December or early January of 1998. The core borings were necessary for respondent to design a…