The plaintiff sued the defendants for environmental contamination of his properties caused by dry cleaning chemicals originating from the adjacent property owned by the corporate defendant.
The individual defendant, who owned another adjacent residential property, moved for summary judgment dismissing the claims against him in negligence, nuisance, trespass, and statutory liability.
The court dismissed the motion, finding that genuine issues for trial existed because determining the individual defendant's liability required a comprehensive understanding of complex and evolving expert opinions regarding the source and migration of the contaminants, which necessitated oral testimony and cross-examination at trial.
