Dyer v. Maine Drilling & Blasting, Inc.

984 A.2d 210 (2009)

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Nature of the Case

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Facts

Maine Drilling (D) distributed a form notice that informed P that D would begin blasting rock near the home on or about October 1, 2004, in connection with a construction project to replace a bridge and bridge access roads. As offered in the notice, D provided a pre-blast survey of the P home. P thoroughly documented the condition of the home and garage by videotape before blasting began. D conducted over 100 blasts between October 2004 and early August 2005. The closest blast was approximately 100 feet from the Dyer home. Vera was inside the home for at least two of the blasts and felt the whole house shake. Ps observed several changes from the pre-blasting condition of the home and the garage. Ps filed a three-count complaint alleging causes of action in strict liability and negligence. D filed a motion for summary judgment and the court granted D's motion for a summary judgment and awarded costs to D. The court found in favor of D on P’s claim for strict liability. P appealed.