Legal Opinion
Billy L. Musgrave, Jr. and Kim A. Musgrave v. The Aluminum Company of America, Inc., and Alcoa Fuels, Inc.
Indiana Court of Appeals
Decided August 6, 2013No. 87A04-1205-CT-276PublishedCited by 3 opinions
1Opinion of the Court
OPINION
NAJAM, Judge.
STATEMENT OF THE CASE 1
In 2006, Bil and Kim Musgrave filed suit against The Aluminum Company of Amer ica, Inc. (“Alcoa”) and its wholly owned subsidiary, Alcoa Fuels, Inc. (“Alcoa Fuels”). According to their complaint, Bil had been exposed to Alcoa’s toxic chemicals both in the course of his work on land owned by Alcoa Fuels and his recreational use of that land, which caused Bil to develop a rare form of cancer. Before trial, the court dismissed the Musgraves’ work-related claims pursuant to Indiana Trial Rule 12(B)(1) for lack of subject matter jurisdiction. Following a…
2Cases cited22 opinions
- GKN Co. v. MagnessIndiana Supreme Court · 2001
- Raess v. DoescherIndiana Supreme Court · 2008
- Van Dusen v. StottsIndiana Supreme Court · 1999
- Moberly v. DayIndiana Supreme Court · 2001
- Hale v. KempIndiana Supreme Court · 1991
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3Cited by3 opinions
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- SVT, LLC d/b/a Ultra Foods v. Benny Becchino (mem. dec.)Indiana Court of Appeals · 2015