The defendant moved for summary judgment to strike the plaintiff's claims in strict liability, negligence, and nuisance arising from environmental contamination.
The strict liability claim was struck on consent.
The court held that the plaintiff's claims for damages other than property devaluation were statute-barred because the limitation period resumed when the class action abandoned those claims in 2002.
However, the claim for property devaluation was not statute-barred as the limitation period remained suspended until the plaintiff was excluded from the class in 2009.
The court found a genuine issue for trial regarding the remaining claims.
