Legal Question in Civil Litigation in Nevada

Do I have to wait till I suffer Personal Injury before I can sue a New Rock Quar

I have a bad heart. I could easilly die from being scared to death. For over 3 decades, the County did not inspect the original owner, who didn't bother neighbors. Now, the new owner has to do "terraced mining" which means he's blasting at the top of a 200 foot mountain, and the blasting and noise is bothering alot of people and animals, but I'm the only one whose house shakes. Nothing's broken yet, but objects have fallen off of shelves. There has been violence against the new owner's car from other neighbors. A state OSHA contact says there's a lawsuit against a mine in Albuquerque, and after numerous phone calls, we located the mine, but haven't located a filed lawsuit. What kind lawyer should we be looking for? And do you think we have a leg to stand on? If I die from a heart attack as a result of his blasting, does it then become a personal injury lawsuit?


Asked on 4/12/00, 4:48 am

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Do I have to wait till I suffer Personal Injury before I can sue a New Rock

You can file a lawsuit for a nuisance. Nuisance suits are hard to prosecute and need to be shepherded by an experienced attorney. Call you local bar referral office for an plaintiff's litigator and interview several. Try to get some sort of references, at least assurance that he is experienced. You don't need to suffer a heart attack. If your doctor will write a letter that living close to the quarry is hazardous to your health it will help your case.

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Answered on 4/24/00, 12:10 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Do I have to wait till I suffer Personal Injury before I can sue a New Rock

It sounds like you have a good basis for a nuissance lawsuit, as well as for seeking a preliminary injunction against further blasting. You indicate that your neighbors are upset as well, so perhaps they can join with you as plaintiffs and spread the financial burden that such a suit would entail.

There is no need to wait until you have a heart attack -- such a risk is what injunctions are intended to prevent.

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Answered on 4/24/00, 1:28 pm


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