Kaplan v. U.S. Bank, N.A.

GLENN A. NORTON, Judge.

This case involves the disposal of contaminated concrete from a remediation site onto plaintiffs’ property. A jury found the Bank and Southern Contractors liable for actual and punitive damages on the plaintiffs’ trespass and negligence claims. The Bank appeals the finding that it could be held vicariously liable for Southern’s conduct under the doctrine of respondeat superior and the finding that it owed a duty to the plaintiffs under the remediation work plan. Southern appeals the damages instruction, the refusal to award all of its attorney fees and the assessment of…