In Berdy v. Tilcon New York, Inc. , Steven Berdy filed a small claims case to recover compensation for damage caused to his home. (Apparently, Tilcon had been engaged in blasting activities in the area.)
After the Rockland County Justice Court, awarded Berdy $2,565, Tilcon appealed, and the Appellate Term, Second Department, affirmed.
While "[a] party engaged in blasting activities is strictly liable for any injury to neighboring property caused by blasting," the "party seeking to recover for damage to his property from a defendant's blasting activities must prove causation."
Berdy testified that, during the course of the explosions, he witnessed some of the damage occur and heard cracking noises in other parts of his house where he later discovered additional damage. (The AT2 found that an inference that the blasting caused the damage could be drawn from the facts and circumstances.)
Even though Tilcon countered with an expert, who testified that the company's activities could not have caused the damage, the AT2 held that when an eyewitness and an expert disagree, the ultimate determination must be made by the trial court. Since that forum found Berdy's testimony more credible, the AT2 could see no reason to disturb the outcome.
Now, that's Berdy.
To download a copy of the Appellate Term's decision, please use this link: Berdy v. Tilcon New York, Inc.