Hogg v. Chevron USA, Inc.

hi join that portion of the majority opinion regarding plaintiffs’ actual or constructive notice. The contamination warning letters from the DEQ should have placed a reasonable person on notice of contamination on their property.

With all due respect, I dissent from the majority’s discussion of the continuing tort claim. The question before this Court is whether the continuing presence of noxious chemicals under the plaintiffs’ land constitutes an ongoing wrongful act, or is merely an ongoing injury resulting from a prior wrongful act (i.e., the leaking gas tank). In accord with both the Civil…