Stathers v. Garrard County Board of Education
405 S.W.3d 473
Ky. Ct. App.2012Background
- Garrard County Board of Education contracted with Branscum to build a high school; Elza Construction served as general contractor and sub contracted blasting to Irvine and Pyles.
- Stathers and Elkins, residents near the site, reported blasting vibrations causing their homes to shake, cracks to appear, and doors not to shut properly between Aug 2007 and Jun 2008.
- Plaintiffs filed separate complaints in fall 2008 alleging blasting caused damage; cases were consolidated Oct 2008.
- Expert reports by Joseph Poage linked vibration to cracks and foundation settlement, but blasting records were disputed as below state requirements.
- Circuit court granted summary judgment in favor of defendants Nov 8, 2010, finding no probative causation evidence; the court ordered production of final expert reports and the case proceeded accordingly; on appeal, the Court reverses the grant as to plaintiffs and affirms denial of immunity on cross-appeal.
- Court remands for further proceedings consistent with its opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation in blasting strict-liability case. | Causation shown by lay and expert testimony; Poage’s reports support causation. | No probative link between blasting and damage; expert testimony insufficient or speculative. | Not impossible for plaintiffs to prove causation; summary judgment reversed. |
| Is expert testimony mandatory to prove causation in blasting cases? | Lay testimony can suffice; expert not strictly required. | Expert testimony needed to establish scientific causation. | Expert testimony not strictly required; lay testimony plus reasonable inferences can go to jury. |
| Whether the Board is entitled to governmental immunity. | immunity may be waived by constitutional provisions if damages to property occur. | Board immune absent taking or injury; immunity applies for governmental functions. | Immunity waived to extent of inverse-condemnation-style damages; circuit court’s immunity ruling affirmed on that point. |
| Whether constitutional provisions 13 and 242 waive immunity for property damage from public works. | Damages to property are compensable even without a taking. | Damages not a taking; immunity applies absent waiver. | Sections 13 and 242 waive immunity for damages caused to property, allowing recovery. |
Key Cases Cited
- River Queen Coal Co. v. Mencer, 379 S.W.2d 461 (Ky. 1964) (lay testimony can raise causation in blasting cases even without expert causation)
- Security Fire & Indem. Co. v. Hughes, 383 S.W.2d 113 (Ky. 1964) (lay testimony supports jury question on blasting damage)
- Bradford v. Sagraves, 556 S.W.2d 166 (Ky. App. 1977) (similar approach to causation without exclusive reliance on experts)
- Island Creek Coal Co. v. Rodgers, 644 S.W.2d 339 (Ky. App. 1982) (strict liability blasting requires causation and damages; not negligence)
- Holbrook v. Rose, 458 S.W.2d 155 (Ky. 1970) (causation in blasting strict-liability context)
- Steelvest, Inc. v. Scansteel Service Center, Inc., 807 S.W.2d 476 (Ky. 1991) (summary judgment standard; impossibility not literal, practical sense of impossibility)
- Binion, Valley Stone Co. v. Binion, 422 S.W.2d 889 (Ky. App. 1968) (expert opinion can bolster a prima facie case in blasting damages)
- Prater Creek Processing Co. v. McClanahan, 741 S.W.2d 278 (Ky. App. 1987) (combination of lay and expert testimony can submit to jury)
- Lehman v. Williams, 193 S.W.2d 161 (Ky. 1946) (constitutional provisions as waiver for damages to property)
- Wilder v. Kentucky, 84 S.W.2d 38 (Ky. 1935) (constitutional provisions requiring just compensation for taking or injury)