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ELLISON v. R & B CONTRACTING, INC.

Nos. 1998-SC-0535-DG, 1999-SC-0296-DG and 1999-SC-0302-DG.

32 S.W.3d 66 (2000)

Gilbert ELLISON, Bonnie Ellison, Howard Sullivan and Agnes Sullivan, Appellants, v. R & B CONTRACTING, INC., and Lawrence Construction and Leasing, Inc., Appellees. R & B Contracting, Inc., Appellant, v. Gilbert Ellison, Bonnie Ellison, Howard Sullivan, Agnes Sullivan and Lawrence Construction and Leasing, Inc., Appellees. Lawrence Construction And Leasing, Inc., Appellant, v. Gilbert Ellison, Bonnie Ellison, Howard Sullivan, Agnes Sullivan and R & B Contracting, Inc., Appellees.

Supreme Court of Kentucky.

Rehearing Denied December 21, 2000.

Attorney(s) appearing for the Case

Kelly J. Brown, Curtis Harlan Hatfield, Covington, for Gilbert Ellison, Bonnie Ellison, Howard Sullivan and Agnes Sullivan.

H. Lawson Walker, II, Brown, Todd & Heyburn, Covington, Robert S. Walker, III, Brown, Todd & Heyburn, Lexington, Giles T. Hertz, Monohan, Hertz & Blankenship, Florence, Carl Edward Grayson, Brown, Todd & Heyburn, Covington, for R & B Contracting, Inc.

James G. Osborne, Osborne & Osborne, Edgewood, for Lawrence Construction and Leasing, Inc.

KELLER, Justice.

ISSUE

This injury-to-property case between landowners and construction companies presents one primary issue and several lesser issues.

Landowners proved the cost of removing construction debris deposited on their property by the construction companies, but did not otherwise show a diminution in their property's value. The construction companies's expert witness, however, testified that the...

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