Aikens v. Debow

541 S.E.2d 576 (2000)


Aikens (P) operates a motel and restaurant. Debow (D), a truck driver and employee of Craig Paving, Inc., was driving a flatbed truck carrying a trackhoe. Because the trackhoe was too high to pass safely under the Route 901 overpass, an accident resulted which caused substantial damage to the bridge. It was closed for nineteen days to make the necessary repairs. P sued seeking recovery for the decreased revenues he experienced due to closure of the overpass. P seeks recovery of $9,000 in lost income. D moved for summary judgment. The circuit court denied summary judgment, but the circuit court agreed to certification of the following issue; Whether a claimant who has sustained no physical damage to his person or property may maintain an action against another for negligent injury to another's property which results consequentially in purely economic loss to the claimant. The circuit court answered this question in the affirmative.