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South Dakota State Cement Plant Commission v. Wausau Underwriters Insurance Co.8/23/2000
ty interests, for present, past and the threat of future health problems, past, present and future hospital and doctor expenses, medications paid and to be paid, together with emotional injury suffered in the past and which will be suffered in the future by the plaintiffs as a result of defendant's past and present toxic chemical and other emissions/discharges and the threat of future emissions from the defendant's industrial facilities which have been and threatened to be conducted on the properties in the immediate vicinity of the Brookhurst Subdivision, Natrona County, Wyoming[.]
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II.
Polluting Industries
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O. South Dakota Cement
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213. Competent medical authority has determined that the long-term inhalation and exposure to cement dust is hazardous to human and animal health, deleterious to vegetation growth, and the release of this substance has had the effect of decreasing the value of the properties of the plaintiffs.
214. By reason of the release of the cement dust as hereinabove described and by reason of the cement company's permitting the dust to escape its premises and envelope the Brookhurst Subdivision, including the properties and persons of the plaintiffs, the air, soil and waters of the subdivision have been altered and contaminated and rendered useless to the plaintiff's enjoyment, dangerous to the plaintiff's health and destructive to the value of the plaintiff's properties, as well as having the effect of being harmful to the plaintiffs, animals and plant life.
215. As a direct result of the negligent and willful and wanton release of the hazardous cement dust from the premises occupied and utilized by South Dakota Cement into the water, soil and air of the Brookhurst environment, the plaintiffs have been injured and their properties damaged in ways which are more particularly described in subsequent paragraphs of this Complaint.
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III.
Plaintiff's First Cause of Action Against All Polluting Defendants: Private Nuisance
260. Plaintiffs ... allege that all named defendants have jointly and severally negligently and intentionally caused the air, ground and surface water, and soil contamination problems in Brookhurst Subdivision and that such actions ... constitute a private nuisance in the following, but not exclusive, respects:
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f. The defendants, in causing the conditions which have led to the air, water and soil contamination problems in the Brookhurst Subdivision, have acted with reckless abandon amounting to a purpose to cause the contamination of the air, soil, ground and surface waters of the subdivision. ...
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IV.
Plaintiff's Second Cause of Action Against All Polluting Defendant's: Public Nuisance
262. Plaintiffs ... allege that all the defendants have negligently and intentionally caused the contamination herein described in the Brookhurst Subdivision and that such actions of the defendant constitute a public nuisance in the following, but not exclusive, respects:
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f. The defendants, in causing the conditions which have led to the air, water and soil contamination problems in the Brookhurst Subdivision have acted for the purpose of causing the plaintiffs to suffer such contamination without regard to their suffering and deprivation of their enjoyment of public facilities ... .
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V.
Plaintiff's Third Cause of Action Against All Polluting Defendants: Damages Resulting From Intentional and Negligent Violations of Statutory, Regulatory
Page 1 2 3 4 5 6 7 8 9 10 11 South Dakota Personal Injury Attorneys
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