Legal Opinion
Kb Home Indiana Inc. v. Rockville Tbd Corp.
Indiana Court of Appeals
Decided June 18, 2010No. 49A02-0909-CV-881PublishedCited by 26 opinions
1Opinion of the Court
OPINION
BAKER, Chief Judge.
Today we consider the delayed ramifications of a party's discharge of pollutants onto real property that was once farmland but subsequently became a residential subdivision. While the owner of the subdivision claims that it is entitled to recover damages for negligence, nuisance, and trespass, the defendant-company insists that the subdivision's actions against it are precluded under various theories, including the economic loss doctrine. The trial court sided with the defendant-company. We believe that the owner may proceed on the theory of negligence.
Appellant-plain…
2Cases cited27 opinions
- Rosi v. Business Furniture Corp.Indiana Supreme Court · 1993
- Rice v. StrunkIndiana Supreme Court · 1996
- Colonial Penn Insurance v. GuzorekIndiana Supreme Court · 1997
- Paragon Family Restaurant v. BartoliniIndiana Supreme Court · 2003
- Cooper Industries, LLC v. City of South BendIndiana Supreme Court · 2009
22 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- JMB Manufacturing, Inc. v. Harrison Manufacturing, LLC.Court of Appeals for the Seventh Circuit · 2015
- In re Syngenta AG MIR 162 Corn LitigationDistrict Court, D. Kansas · 2015
- Dennis Samples v. Steve Wilson and Donald & Ingrid Bannon, husband and wife, and Ronald & Edna Bannon, husband and wifeIndiana Court of Appeals · 2014
- Holland v. SteeleIndiana Court of Appeals · 2012
- Elkhart Foundry & Machine Co., Inc. v. City of Elkhart Redevelopment Commission for the City of ElkhartIndiana Court of Appeals · 2018
21 more not listed; retrieve them via the Exa API.