[DOWNLOAD] "James R. Fortier v. Flambeau Plastics" by Court of Appeals of Wisconsin # eBook PDF Kindle ePub Free

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eBook details

• Title: James R. Fortier v. Flambeau Plastics
• Author : Court of Appeals of Wisconsin
• Release Date : January 19, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 82 KB

Description

The Fortiers, the Quandts and Ramsey appeal from a judgment dismissing their complaint against Flambeau Plastics Co., Sara
Lee Corp., and Industrial Coils. The plaintiffs claim that the three companies deposited toxic chemicals in the City of Baraboo's
landfill and that the chemicals seeped or leached from it to the plaintiffs' nearby properties, contaminating their residential
water wells and causing them personal injury and economic loss. The plaintiffs claim the companies are liable to them for
having conducted an abnormally dangerous activity, as well as in negligence, nuisance and trespass. The city and the companies
appeal from judgments dismissing their cross-claims against their insurers for coverage under liability policies. Industrial
Coils cross-appeals against the plaintiffs on several procedural matters. 1 We address three groups of issues. The first is whether the trial court properly granted the companies' motion 2 for summary
judgment on grounds that they are not strictly liable or liable in negligence, nuisance or trespass. We conclude that the
trial court properly dismissed the abnormally dangerous activity claim, but not the negligence claim (insofar as it is founded
on a common-law duty), and the nuisance and trespass claims (to the extent they are founded on the defendants' negligence).

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