AIKENS V. DEBOW
541 S.E.2d 576 (2000)
NATURE OF THE CASE: This was a question certified over entitlement to recovery in tort of
economic loss not accompanied by bodily injury or property damage
FACTS: 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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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