Reed v. Reid

A steel fabrication company deposited solid waste on a landowner's property, after which the landowner (Plaintiff) filed a complaint seeking damages against multiple parties (Defendants) and on multiple grounds, including a claim for an environmental legal action (ELA). Plaintiff filed a motion for summary judgment on his environmental legal action claim and sought to impose corporate liability on Defendants. Defendants filed cross motions for summary judgment on all of Plaintiff's claims, except for his claim of negligence. The trial court denied Plaintiff's motions and granted Defendants' motions as to all claims, leaving for trial only Plaintiff's negligence claim and the claims of potential liability against Defendants. The Supreme Court affirmed in part and reversed in part, holding that summary judgment was (1) not proper for either party on Plaintiff's ELA claim; (2) not proper for Defendants on Plaintiff's illegal dumping, fraud, nuisance, and trespass claims; (3) proper for Defendants on Plaintiff's unjust enrichment and intentional torts claims; (4) proper for certain defendants on Plaintiff's responsible corporate officer claim but improper as to others; and (5) proper for Plaintiff on his claims against one defendant as responsible corporate officer. View "Reed v. Reid" on Justia Law