Banford v. Aldrich Chem. Co., Inc.

2010 Ohio 2470, 932 N.E.2d 313, 126 Ohio St. 3d 210
CourtOhio Supreme Court
DecidedJune 9, 2010
Docket2009-0305
StatusPublished
Cited by65 cases

This text of 2010 Ohio 2470 (Banford v. Aldrich Chem. Co., Inc.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Banford v. Aldrich Chem. Co., Inc., 2010 Ohio 2470, 932 N.E.2d 313, 126 Ohio St. 3d 210 (Ohio 2010).

Opinions

Lundberg Stratton, J.

{¶ 1} We must determine whether a plaintiff must present evidence of physical discomfort to recover damages for annoyance and discomfort in a nuisance claim. In addition, we must determine whether the trial court properly limited evidence at trial regarding plaintiffs’ fears and concerns about future harm.

{¶ 2} This case involved a trial on proximate cause and damages only, resulting from the evacuation of residents within a one-mile radius of a factory following an explosion. The defendant did not contest liability, and the court granted judgment in favor of the plaintiffs on the existence of a nuisance. The plaintiffs alleged no personal injuries. The case went to the jury on claims for out-of-pocket expenses and damages for the loss of use of property and annoyance and discomfort as a result of the explosion and evacuation only.

{¶ 3} Before trial, the court ruled that evidence would be limited to the explosion and the 24-hour period of evacuation, that the plaintiffs must demonstrate physical discomfort in order to recover damages for annoyance and discomfort, and that fear alone would not be an independent item of damages. We agree. Therefore, for the reasons that follow, we hold that in order to recover damages for annoyance and discomfort in a nuisance claim, a plaintiff must establish that the nuisance caused physical discomfort. We also hold that the trial court did not abuse its discretion when it limited evidence to damages resulting from the explosion and evacuation. We reverse the judgment of the court of appeals and reinstate the trial court’s judgment.

Facts and Procedural History

{¶ 4} Appellant, Aldrich Chemical Company, Inc., owned Isotec, a factory that distilled nitric oxide, a hazardous chemical. On September 21, 2003, at approxi[211]*211mately 10:00 a.m., there was an explosion at the Isotec factory followed by a shock wave. One Isotec employee suffered cuts on his hand, but no other employees were injured. Local emergency-services personnel evacuated residents living within a one-mile radius of the factory as a precautionary measure. Residents were permitted to return home approximately 24 hours later. Approximately three months later, Aldrich permanently ceased operations at Isotec.

{¶ 5} On December 1, 2003, Christine Banford and Doug Graeser, individually and on behalf of all others who lived and owned property within one mile of Isotec, filed a class-action complaint (case No. 03CV-8704) against Aldrich Chemical Company, Inc. and Aldrich Chemical Company, Inc., d.b.a. Isotec (“Aldrich”) for damages sustained as a result of the explosion and evacuation. The trial court certified a limited class of homeowners and lessees in a partial class action. There were other complaints filed by other residents based on the same facts and circumstances.1 The trial court consolidated the cases for purposes of pretrial and trial proceedings.

{¶ 6} The court ordered the case to proceed in four parts. The first phase was to determine liability as to the entire class. The second phase was to determine individual compensatory damages. The third and fourth phases involved a class determination of liability for punitive damages and, if necessary, an amount of punitive damages. The trial court eventually dismissed all claims for negligent infliction of emotional distress because the plaintiffs had failed to produce sufficient evidence of severe and debilitating emotional injury. The claims that remained included negligence, strict liability for engaging in an ultrahazardous activity, and nuisance.

{¶ 7} Prior to trial, Aldrich decided not to contest liability, which eliminated the need to conduct Phase I of the case. In April 2007, the case proceeded to trial on Phase II with a randomly selected group of plaintiffs presenting their damages claims for out-of-pocket evacuation expenses, loss of use of property, and annoyance and discomfort.2

{¶ 8} In advance of trial, the court ruled that only evidence regarding proximate cause and damages resulting from the explosion and evacuation would be admissible, and that evidence regarding events outside the 24-hour evacuation period, such as prior accidents at Isotec and public discussions after the evacuation, would be inadmissible unless the evidence related to the explosion and evacuation.

[212]*212{¶ 9} The court considered additional briefing on whether physical discomfort was required to recover damages for annoyance and discomfort. Before trial, the court ruled that the law required that the plaintiffs demonstrate physical discomfort in order to recover damages for annoyance and discomfort. Fear alone would not be an independent item of damage, but evidence of fear could be admissible if relevant to other factual issues.

{¶ 10} At trial, plaintiffs testified about their fears and concerns to the extent that they were relevant to the explosion and evacuation. However, the court gave the jury the following limiting instruction:

{¶ 11} “Let me explain to the jury, in this trial one of the items that is not the subject of a damage calculation by the jury are the fears or the subjective concerns of the homeowners, and there may be testimony in upcoming witnesses that may have relevance in a limited degree with respect to other testimony, but just so you understand at this point you are not to be — you will not be awarding any damages based upon any of the individual homeowner’s internal fears or concerns.”

{¶ 12} Appellee, Taylor Ferguson, age ten at the time of the explosion, testified that she was visiting a friend when the explosion occurred. Her friend’s mother sent the girls to a basement crawl space following the explosion “for about five or six minutes.” Ferguson testified that “it was really weird,” “everybody was upset,” and “it was just really awkward.” She also testified that she was upset, worried, and concerned about her parents. Ferguson and her parents spent the night at her grandparents’ house.

{¶ 13} The jury returned verdicts in favor of individual plaintiffs in amounts ranging from $35 to $625. The jury awarded Taylor Ferguson damages of $100 for annoyance and discomfort for the period before the evacuation.

{¶ 14} Only Ferguson appealed. She asserted that the trial court erred when instructing the jury that the fears or subjective concerns of the homeowners would not be subject to a damage calculation and that fear alone was not an item of compensable damages. In addition, Ferguson asserted that the court erred when instructing the jury that there must be “an appreciable, substantial, tangible harm resulting in actual, material physical discomfort” for a plaintiff to recover damages for annoyance and discomfort. Ferguson also asserted that the court should have permitted plaintiffs to recover for the loss of use and enjoyment of their property for any period after the 24-hour evacuation period.

{¶ 15} The court of appeals reversed and remanded.

{¶ 16} The cause is before this court upon the acceptance of a discretionary appeal. 121 Ohio St.3d 1499, 2009-Ohio-2511, 907 N.E.2d 323.

[213]*213Proposition of Law I

{¶ 17} The first issue before us is whether a plaintiff must present evidence of physical discomfort to recover damages for annoyance and discomfort in a nuisance claim. “ ‘Nuisance’ is a term used to designate the wrongful invasion of a legal right or interest.

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Cite This Page — Counsel Stack

Bluebook (online)
2010 Ohio 2470, 932 N.E.2d 313, 126 Ohio St. 3d 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banford-v-aldrich-chem-co-inc-ohio-2010.