Lewis v. General Electric Co.

MEMORANDUM REGARDING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT (Docket No. 89)

PONSOR, District Judge.

I. INTRODUCTION

The plaintiff property owners have sued General Electric Company (“GE”) for damages arising out of GE’s disposal of fill dirt containing polychlorinated biphenyls (PCBs) on residential property in the Lakewood area of Pittsfield, Massachusetts. Count I of their complaint charges that GE’s handling, disposal and release of the PCBs created a public and/or private nuisance; Counts II and III charge common law negligence and trespass. Count IV is a statutory claim under Mass.…