Aikens v. Debow
West Virginia Supreme Court of Appeals
541 S.E.2d 576 (2000)
Debow (defendant), driving for Craig Paving (defendant), struck and closed a highway overpass for 19 days after his oversized load collided with the bridge. Aikens (plaintiff), who ran a nearby motel and restaurant primarily accessed via that overpass, sued for $9,000 in lost business from reduced patronage during the closure, with no physical damage to his own property. The trial court denied summary judgment for the defendants but certified the underlying legal question to the state's highest court.
Whether purely economic injury caused by an interruption of commerce is recoverable in a negligence action absent damage to person or property or a special relationship between the parties.