United States Seventh Circuit

In a common law nuisance action, district court's grant of summary judgment for defendant is affirmed where plaintiffs failed to prove either personal injury or property damage, as they did not present evidence that the exposure to contaminants contributed to their ailments and did not present evidence that to establish the effect of the contamination on the value of their property.

Appellate Information

• Argued 10/29/2008
• Decided 06/23/2009
• Published 06/23/2009

Judges

• POSNER, Circuit Judge., Before POSNER, MANION, and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Ronald J. Waicukauski (argued), Price Waicukauski Riley & Debrota, Indianapolis, IN, for Plaintiffs-Appellants.


• For Appellees:
  
• Bruce L. Kamplain (argued), Norris, Choplin & Schroeder, Indianapolis, IN, for Defendants-Appellees.