McElmurry v. Uniroyal, Inc.

J.M. McElmurry appeals from a judgment based upon a jury verdict awarding him $50,000 on his claim that Uniroyal, Inc., manufactured, stored, and disposed of a hazardous and toxic chemical in such a manner that the chemical contaminated his land adjacent to the Uniroyal plant. The limited issue McElmurry presents for review is whether the trial court erred in its instructions to the jury regarding the award of punitive damages in a trespass case.

In sum, the trial court charged the jury that punitive damages may be awarded in a trespass case if the trespass was accompanied by wantonness,…