ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  2. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  3. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  4. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  5. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

ADVERTISEMENT