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· 12/22/1998

Walker Drug Co., Inc. v. La Sal Oil Co.

Citations

  • 972 P.2d 1238
  • 359 Utah Adv. Rep. 3
  • 48 ERC (BNA) 1070
  • 1998 Utah LEXIS 94
  • 1998 WL 887134

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that reverse bifurcation is a rare and \drastic\ technique arising out of the magnitude of the asbestos-related litigation caseload
  • holding under Utah law that “unsubstantiated fears of third persons regarding the contamination of an adjacent property are not the kind of ‘substantial’ and ‘significant’ interference with a landowner’s use and enjoyment of his property so as to allow recovery for nuisance”
  • property owners must prove that hazardous substance migrated to property and caused physical injury to recover stigma damages
  • \Rule 42(b) of the Utah Rules of Civil Procedure gives the trial court 'considerable discretion' to administer the business of its docket and determine how a trial should be conducted.\
  • “The essential element of trespass is physical invasion of the land_”

Source: CourtListener parenthetical corpus (CC0).

Judges: Stewart, Howe, Durham, Zimmerman, Russon, Stewart'S

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.