[Download] "French v. Ralph B. Moore" by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: French v. Ralph B. Moore
- Author : Supreme Court of Montana
- Release Date : January 07, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The defendant, Ralph E. Moore, Inc. d/b/a Interstate Texaco Service, appeals a judgment entered on a jury verdict in Park County District Court. The action was a suit for damages arising out of injury to real property caused by gasoline contamination or pollution of the plaintiffs restaurant and family home. The suit was based on nuisance, trespass, and negligence theories. The jury awarded $58,500 to John and Ruth French for diminution of value of the property, for loss of use of the property, and for income lost through closure of the restaurant. The jury also awarded $40,000 to John French and $150,000 to Ruth French for pain, discomfort, fears, anxiety, annoyance, inconvenience and other mental, physical and emotional distress suffered by the - Page 329 plaintiffs as a result of the invading gasoline vapors. Interstate Texaco appeals only from the $40,000 and $150,000 awards. Interstate Texaco contends the jury was given an improper instruction and further that the jury verdict was excessive and rendered under the influence of passion or prejudice. We affirm.