TDM Farms of North Carolina, et al, vs. Wilhoite Family Farm, LLC - 4/23/12

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Monday  April 23, 2012 
1:30 PM  EST

1:30 p.m. No. 79A02-1101-PL-33. Appellants TDM Farms, Inc. of North Carolina and Dale Johnson bring this interlocutory appeal from the trial court’s denial of their motion for summary judgment against plaintiff-appellee Wilhoite Family Farm, LLC. 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 – to its hog farm, which then spread to Wilhoite’s neighboring hog farm and caused significant loss. TDM sought summary judgment on the theory that Wilhoite’s claims were either preempted by the federal Virus-Serum Toxin Act or barred by Indiana’s Right to Farm Act.

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