Harman v. Nininger

By Judge Robert P. Doherty, Jr.

In order to upgrade the water service for a business, Landowner hired an independent contractor to install a new water line. Part of the installation required that a hole be dug in the middle of the right hand lane of a four-lane highway for the water connection and/or necessary plumbing. Landowner obtained the appropriate permit from The Virginia Department of Transportation to dig in a traveled lane of the highway.

During the course of the project, some of the work was done at night in a lighted construction site using flashing lights, a flagman, and…