Attorney obtained summary judgment as to all five counts of the plaintiffs' complaint
Attorney obtained summary judgment as to all five counts of the plaintiffs' complaint. In this environmental and toxic tort action, our office represented the prior owner of a property where it was discovered that an underground storage tank had leaked and contaminated the soil and underground water of two adjacent properties. The plaintiffs sued for strict liability under the Spill Compensation and Control Act, the abnormally dangerous activities doctrine, negligence, trespass and nuisance. The plaintiffs sought damages for diminution in property value, bodily injury, and emotional distress. Our office successfully argued that the strict liability claims should be dismissed because the plaintiffs lacked recoverable damages under the Spill Act, and because underground storage tanks are not abnormally dangerous under state law. Our office also argued that the remaining claims should be dismissed because there was nothing in the record to indicate that our client acted unreasonably with regard to her use and maintenance of the storage tank in question. The court agreed and granted the motion, dismissing all five counts of the plaintiffs' complaint, with prejudice.