Two appeals from a trial judgment concerning liability for environmental remediation of real property contaminated by dry cleaning solvents.
The trial judge found Fraser Hillary's Limited liable in nuisance and under section 99 of the Environmental Protection Act, awarding over $1.8 million in damages for remediation.
The action against David Hillary was dismissed.
Fraser appealed on grounds that the trial judge erred in finding it liable in nuisance and under the EPA.
The plaintiff appealed on grounds that the trial judge erred in failing to find negligence, failing to find the individual defendant liable in nuisance or negligence, and in assessing damages.
The appellate court dismissed both appeals, upholding the trial judgment.
