Wilhite v. Rockwell International Corp.

LAMBERT, Chief Justice.

Evidence presented at trial established that Rockwell negligently or intentionally permitted the escape of PCBs into Town Branch which flowed into Mud River and thereby caused low level contamination of Appellants’ real properties. At trial, Appellants sought compensation for the fair market value of their properties due to PCB contamination and the jury awarded compensation based on total destruction of the properties. The Court of Appeals determined, and we agree, that the testimony of Appellants’ principle damage witness, Mr. Snyder, failed to satisfy the…