· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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