NBD Bank v. Krueger Ringier, Inc.

Plaintiffs brought this action in tort to recover their costs incurred investigating, cleaning, removing and restoring petroleum-contaminated soil on a parcel of land purchased from defendant, Krueger Ringier, Inc. (Krueger). Defendant filed a motion to dismiss plaintiffs’ claims pursuant to section 2 — 615 of the Illinois Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1996)). The trial court dismissed plaintiffs’ action with prejudice, ruling, inter alia, that the tort-based recovery sought by plaintiffs consisted of damages for "economic loss” and was precluded by the supreme court’s…