937 N.E.2d 1227
Ind. Ct. App.2010Background
- Cures leased part of their Martinsville property to Masterwear (1985–1991) which used perchloroethylene (PCE).
- Neals own nearby building and sued Cure family for personal/property/environmental harms from PCE in soil/air.
- Neals and Cures cross-moved for summary judgment; trial court granted summary judgment to Cures on all claims.
- Neals alleged nuisance, trespass, negligence, and ELA (environmental remediation) violations; Cures denied knowledge or control over Masterwear’s pollution.
- Indiana Court of Appeals affirmed summary judgment for the Cures, ruling no genuine issues of material fact supporting Neals’ claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Nuisance liability based on landlord knowledge | Neals claim Cures knew or could stop nuisance | Cures had no actual knowledge or control | Affirmed; no actual knowledge shown |
| ELA viability against landlords | Cures contributed to release; ELA liability | Cures did not cause/contribute to release | Affirmed; no contribution shown |
| Trespass liability for tenant pollution | Acquiescence/participation by landlord | No intentional act or direct liability by Cures | Affirmed; no intentional act by Cures shown |
| Negligence duty of landlord | Statutory duties create duty; negligent per se | No duty arising to Neals; statutory violations not per se negligent | Affirmed; no duty or proximate cause proven |
Key Cases Cited
- Schlitz Brewing Co. v. Shiel, 88 N.E. at 958 (Ind. 1909) (landlord not liable for nuisance absent knowledge and ability to stop)
- Brown v. Powell, 176 N.E.2d 241 (Ind. 1931) (landlord not liable for tenant-created nuisance absent knowledge or control)
- Garner v. Kovalak, 817 N.E.2d 311 (Ind. Ct. App. 2004) (trespass requires intentional act by defendant; no liability for passive knowledge)
- Lever Bros. Co. v. Langdoc, 655 N.E.2d 577 (Ind. Ct. App. 1995) (trespass requires direct causal entry; uses standard for nuisance/intentional act)
- Walling v. Appel Service Co., Inc., 641 N.E.2d 647 (Ind. Ct. App. 1994) (negligence per se not recognized for statutory violation in private action)
- Cooper Indus., LLC v. City of South Bend, 899 N.E.2d 1274 (Ind. 2009) (ELA statute shifts remediation costs to responsible parties; interpret ‘contribute’ broadly)