(Download) "Betty L. Elam v. Alcolac" by Western District Court of Appeals of Missouri " eBook PDF Kindle ePub Free
eBook details
- Title: Betty L. Elam v. Alcolac
- Author : Western District Court of Appeals of Missouri
- Release Date : January 01, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 126 KB
Description
Charles Shangler, Presiding Judge This suit involves thirteen actions brought by thirty-two plaintiffs against Alcolac, Inc.
and plant manager Fischer for injury to their persons and property from toxic spills and emissions from a chemical facility
in Sedalia, Missouri. The actions, consolidated by order of the trial court, were in four counts and each sought recovery
of compensatory and punitive damages. Only two counts were submitted to the jury: One, for the diminished market value of
the residences, sounded in negligence. The jury, after a trial of more than four months, returned verdicts against Alcolac
and awarded to each plaintiff on the claims for personal injury, $200,000 as compensatory damages and $1,387,096.70 as punitive
damages. The award for property damage varied as to each claim. Alcolac thereafter moved for a judgment notwithstanding the
verdict or, alternatively, for a new trial. The trial court denied judgment n.o.v., but granted a new trial as to damages
only as to each of the thirty-one 1 personal injury verdicts. The several plaintiffs appeal the order to set aside the awards for personal injury damages on the negligence count and the
grant of a new trial on those issues. Alcolac appeals the denial of judgment notwithstanding the verdict on both negligence
and nuisance count, and the entry of judgment of liability on the negligence count.
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