Cerny v. Marathon Oil Corp.

The Cernys’ nuisance claims are not based solely upon the migration of hazardous chemicals and wastes onto their property causing medical “symptoms,” but also upon excessive noise, foul odors, dust pollution, and abnormal traffic interfering with the use and enjoyment of their property. Because determining the source of the latter types of nuisance claims is within common knowledge and experience, and the record contains some admissible evidence connecting the alleged foul odors to Plains’s conduct, I dissent in part to the majority’s judgment.

The Cernys pled claims against appel-lees for…