Toyo Tire North America Manufacturing, Inc. v. Davis

NAHMIAS, Justice.

Toyo Tire North America Manufacturing, Inc. operates a large tire manufacturing and distribution facility about 625 feet from the home of Lynn and Duron Davis. The Davises sued Toyo Tire, alleging that its facility is a nuisance and has resulted in a trespass, causing them discomfort and annoyance and diminishing their property’s value. The trial court denied Toyo Tire’s motion for summary judgment; the Court of Appeals affirmed that order; and we granted certiorari to address two issues.

First, we consider Toyo Tire’s argument that the Davises presented insufficient evidence,…