Cave Quarries, Inc. hired Warex, LLC to place and ignite explosives on its property to extract limestone.  In 2021, a blasting procedure went awry and destroyed Cave Quarries’ asphalt plant.  Cave Quarries sued Warex, alleging strict liability and negligence.  The parties filed cross-motions for summary judgment on the issue of strict liability, and the trial court denied both motions.  In this interlocutory appeal, Cave Quarries argues Warex should be held strictly liable for damage to its property.  On cross-appeal, Warex disputes whether doctrine of strict liability applies here, but if the doctrine applies, Warex further claims it is not responsible for Cave Quarries’ loss because Cave Quarries assumed any risk of harm caused by the blasting.

The scheduled panelists are Judge Robb, Judge Crone, and Judge Kenworthy.