Banford v. Aldrich Chem. Co., Inc.

{¶ 1} We must determine whether a plaintiff must present evidence of physical discomfort to recover damages for annoyance and discomfort in a nuisance claim. In addition, we must determine whether the trial court properly limited evidence at trial regarding plaintiffs’ fears and concerns about future harm.

{¶ 2} This case involved a trial on proximate cause and damages only, resulting from the evacuation of residents within a one-mile radius of a factory following an explosion. The defendant did not contest liability, and the court granted judgment in favor of the plaintiffs on the existence…