LISBON — A judge granted default judgment in favor of Heggy’s in Salem against the contractor who demolished the former Schory building on East State Street and allegedly caused damage when a portion of wall fell on the restaurant.

Columbiana County Common Pleas Court Judge Megan Bickerton issued the judgment in favor of Heggy’s Alliance and Salem Gen 3 LLC, Alliance against the defendants Veterans Energy and Construction Services, LLC, with addresses in East Liverpool and Akron; and Kevin Kerr, East Liverpool, a principal of the company.

The judgment entry signed Wednesday said the defendants were in default for failing to file an answer to the complaint.

“The court finds the allegation of complaint set forth by plaintiff are confessed to be true and the court finds in favor of plaintiff and against defendants,” the court entry said.

The entry did not list any monetary amounts of damages, only saying judgment was rendered in favor of the plaintiff against the defendant. The lawsuit filed in January included claims of negligence, trespass, nuisance and breach of contract.

The restaurant located at 296 E. State St., Salem sustained damage 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.

According to the lawsuit, the defendants failed to surround the area with barricades to prevent entry and protect life safety, failed to construct any protective barrier to keep debris from falling onto the property or other properties or persons; failed to demolish the masonry wall of the Schory property in a safe manner, such as with scaffolding and hand demolition; failed to use debris chutes to safety guide debris to a waste container; failed to take measures to control a dust plume which potentially contained asbestos from cascading onto the property; and negligently used a large excavator that was too large to attempt the close quarter precise demolition needed to prevent collateral damage.

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.