Legal Opinion
TDM Farms, Inc. of North Carolina v. Wilhoite Family Farm, LLC
Indiana Court of Appeals
Decided June 7, 2012No. 79A02-1101-PL-33PublishedCited by 4 opinions
1Opinion of the Court
OPINION
NAJAM, Judge.
STATEMENT OF THE CASE
TDM Farms, Inc. of North Carolina and Dale Johnson (collectively, “TDM”) 1 bring this interlocutory appeal from the trial court’s denial of their motion for summary judgment against Wilhoite Family Farm, LLC (“Wilhoite”). Wilhoite had filed suit against TDM alleging nuisance, negligence, and trespass after TDM intentionally introduced a highly contagious virus— the Porcine Reproductive and Respiratory Syndrome (“PRRS”) — to its hog farm, which then spread to Wilhoite’s neighboring hog farm and caused significant loss. On appeal, TDM contends that…
2Cases cited17 opinions
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Billy Joe Shaw v. Dow Brands, Inc.Court of Appeals for the Seventh Circuit · 1993
- Dreaded, Inc. v. St. Paul Guardian Insurance Co.Indiana Supreme Court · 2009
- Travelers Indemnity Co. v. Summit Corp. of AmericaIndiana Court of Appeals · 1999
- National Meat Assn. v. HarrisSupreme Court of the United States · 2012
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3Cited by4 opinions
- Janet L. Himsel, Martin Richard Himsel, Robert J. Lannon, Susan M. Lannon v. Samuel Himsel, Cory M. Himsel, Clinton S. Himsel, 4/9 Livestock, LLC, and Co-Alliance, LLP and State of IndianaIndiana Court of Appeals · 2019
- Parker v. Obert's Legacy Dairy, LLCIndiana Court of Appeals · 2013
- Glenn Parker, As Trustee Under the Revocable Declaration of Trust Agreement of Glenn Parker, Glenn Parker, Individually and Phyllis C. Parker, Individually v. Obert's Legacy Dairy, LLCIndiana Court of Appeals · 2013
- Shepard Wrex Management, LLC v. The Estate of Betty M. ScottIndiana Court of Appeals · 2025