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Heggy’s awarded over $69,000 for damage from neighboring demolition

LISBON — The parties in the case filed by Heggy’s in Salem against a contractor who caused damage to the restaurant while demolishing the building next door agreed to a judgment to Heggy’s totaling $69,268.

The agreed judgment entry signed by Columbiana County Common Pleas Court Judge Megan Bickerton was file stamped June 4, with the judgment in favor of Heggy’s Alliance and Salem Gen 3 LLC, Alliance against defendants Veterans Energy and Construction Services, LLC, with addresses in East Liverpool and Akron, and against Kevin Kerr, East Liverpool, a principal of the company.

Bickerton had already entered default judgment against Kerr on May 4 and against Veterans Energy and Construction Services, LLC on March 18, scheduling a damages hearing for June 5. Instead, the attorneys for the parties submitted the agreed judgment entry for the $69,268 judgment amount.

The lawsuit was filed in January as a result of the damage sustained by the restaurant located at 296 E. State St., Salem when a large portion of wall at the Schory property next door was toppled over by the excavator of Veterans Energy and Construction Services, LLC on Nov. 10, 2024, “causing it to crash down into and upon plaintiff’s abutting restaurant and large outdoor walk-in freezer, resulting in severe structural damage to the property,” the lawsuit document said.

The demolished building had been owned by former Salem city councilman Earl “Bud” Schory and previously housed his law office and a Kitchen Classics business. The building butted up against Heggy’s restaurant to the east and BB Rooners to the west.

The restaurant sustained damages from the destruction of the property, loss of revenue due to having to close temporarily, added employee expenses, temporary refrigeration rentals, legal fees and significant reconstruction costs.

According to the lawsuit, reconstruction costs totaled $162,638 for Heggy’s, along with temporary refrigeration, lost revenue, delay, added employee costs and legal fees totaling $69,268.

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