Nevada Cement Company v. Lemler

OPINION

By the Court,

Batjer, J.:

This appeal challenges the award of general compensatory and punitive damages to 85 plaintiffs who suffered discomfort and annoyance from a temporary nuisance maintained by the *449Nevada Cement Company, a wholly owned subsidiary of Centex Corporation.

Following a lengthy trial, the court determined that 35 of the 85 plaintiffs incurred special damages in varying amounts totaling $40,298.31. This determination is not questioned. Neither do the appellants dispute their liability to compensate the plaintiffs for the discomfort and annoyance suffered by each of them.…