Tolar v. Amax Coal Co.

CARDINE, Justice.

Jackie and Ada Tolar appeal from the district court’s award of summary judgment in favor of Amax Coal Company, wherein the district court found that the cause of any damage to the Tolars’ businesses was the result of a downturn in the Gillette economy and not the result of the escape of methane and hydrogen sulphide gases from a mine developed by Amax.

We reverse.

The Tolars state these issues:

1. Did the trial court err in determining as a matter of law that the appellants incurred no damages as a proximate cause of the appellee’s negligence?

2. Did the trial court err in…