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Verdict range $0 - $100,000
ARTICLE ID 41615
$________ Resident sued Tyson Food Markets for releasing hydrogen sulfide gas from open wastewater lagoons at processing plant into the surrounding community - Plaintiff alleged that the odors caused her damages and health-related problems including diminished sense of smell.
U.S. District Court for the District of Nebraska
The female plaintiff alleged that she suffered health problems
and a diminished sense of smell from hydrogen sulfide gas that
was emitted from a tannery/slaughterhouse processing plant owned
by the defendant. The defendant denied that there was any
nuisance to the community.
The 81-year-old female plaintiff lived approximately two miles
from the IBP Inc. slaughterhouse and tannery. This facility was
purchased by the defendant Tyson Fresh Meats, Inc. in ________. The
plaintiff alleged that the wastewater from the tannery was
processed through its existing wastewater treatment systems and
channeled into uncovered, open air lagoons since the tannery was
opened in ________. The plaintiff alleged that these uncovered
lagoons directly released hydrogen sulfide gas into the
surrounding community. The plaintiff contended that the stench
from the wastewater lagoons was so strong and offensive that she 3 3 rarely received company and the gas caused her to develop health
problems relating to her sinuses as a result of the exposure
including a loss of her sense of smell.
The defendant denied the allegations and maintained that there
was no actionable nuisance created by its facility in the
community.
The trial continued for seven days. At the conclusion of six
hours of deliberation, the jury returned its verdict in favor of
the plaintiff and against the defendant. The jury awarded the
plaintiff the sum of $________ in damages.
The plaintiff has appealed the jury’s award alleging that the
District Court erred in denying the plaintiff from offering
medical testimony regarding her injuries, in granting a directed
verdict on the plaintiff’s negligence cause of action based upon
an alleged statute of limitations bar to same, and in instructing
the jury not to consider the plaintiff’s loss of sense of smell
in determining the extent of the damages awarded.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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