Walsh Construction seeks dismissal of lawsuit alleging bridge wo - WDRB 41 Louisville News

Walsh Construction seeks dismissal of lawsuit alleging bridge work damaged homes

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LOUISVILLE, Ky. (WDRB) – Vibrations from building a new bridge between Prospect, Ky., and Utica, Ind., haven't caused structural damage to nearby houses, the companies in charge of the project argue in new court documents.

The Walsh Construction Co. and WVB East End Partners LLC said in filings last week in Jefferson Circuit Court that alleged cracks in walls and the foundation of two homes on Transylvania Beach Road were not “caused by construction activities on the East End Bridge.”

The owners of two properties near the bridge site sued the companies Nov. 20, claiming that pile driving, drilling and other work have led to “excessive noise and earth shaking vibrations which have resulted in significant damage to the surrounding properties,” including their homes.

Deepak Tiwari, Pushpa Tiwari, Tatulya Tiwari and Manisha Sharma blame Walsh and a Walsh-affiliated venture, WVB, for “unreasonable and substantial annoyance” and claim in their lawsuit that noise and other construction-related damage have made one of the homes “unsafe and uninhabitable.”

The homeowners are seeking punitive and other damages to be determined at a trial.

In their response, Walsh and WVB deny many of the claims and argue, in part, that they're barred from paying punitive damages under a section of Kentucky law allowing such relief only when a defendant “acted toward the plaintiff with oppression, fraud or malice.” They are asking a judge to dismiss the lawsuit.

The case was moved last week to U.S. District Court in Louisville.

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