Justices: summary judgment inappropriate on some claims in contaminated waste suit

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The Indiana Supreme Court has affirmed in part and reversed in part the grant of summary judgment to various defendants involved in a landowner’s lawsuit seeking damages after a steel fabrication company deposited solid waste onto his property.

In Hugh David Reed v. Edward Reid; Reid Machinery, Inc.; North Vernon Drop Forge, Inc.; Jennings Manufacturing Co., Inc.; Reid Metals, Inc.; Glen White; Douglas Dibble; et al., 40S01-1107-PL-436, Hugh David Reed sought clean fill for his property on which he operates an auction barn and leases a portion to a nursing facility. In 2004, Reed made arrangements to have North Vernon Drop Forge deliver fill to his parking lot. While it was being dumped, Reed saw unexpected materials in the fill and suspended the dumping of Forge fill on his land.

After this incident, the Indiana Department of Environmental Management cited Forge for violations of environmental laws at its site. A test showed contamination on Reed’s property. IDEM later sent a notice of violation letter to Reed for violations of environmental laws stemming from the Forge fill. Reed hired a company to remove the contaminated soil and then filed a 14-count complaint against Forge, its employees Roger Crane, Douglas Dibble and Gen White, Forge owner Edward Reid, along with three other companies Reid owns.

The defendants and Reed moved for summary judgment on his complaints, including environmental legal action, illegal dumping, and trespass. The trial court denied Reed’s motions and granted the defendants’ motions as to all claims, leaving for trial only Reed’s negligence claims and the claims of potential liability against Reid individually and Reid Machinery.

In the 35-page decision authored by Justice Robert Rucker, among other things, the justices affirmed the denial of summary judgment for Reed on his environmental legal action claim and reversed the grant of summary judgment for the defendants on the same claim. They also reversed summary judgment for the defendants on Reed’s claim for illegal dumping. The Rule 56 materials presented to the trial court demonstrated at the very least a dispute question of material fact on whether Reed consented to the dumping of solid waste on his property, Rucker wrote.

They found questions for the jury to decide regarding the nuisance count, so they reversed summary judgment for the defendants as well as on the trespass claims.

The high court affirmed summary judgment for the defendants on Reed’s unjust enrichment claim, as well as ruled it is up to a fact-finder to determine whether the separate corporate identities of Reid’s companies may be disregarded so that liability may be imposed on Reid personally, Jennings Manufacturing, and/or Reid Machinery.



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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.