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WILHITE v. ROCKWELL INTERN. CORP.

No. 2000-SC-0142-DG.

83 S.W.3d 516 (2002)

Vance WILHITE, et al., Appellant, v. ROCKWELL INTERNATIONAL CORPORATION, Appellees.

Supreme Court of Kentucky.

As Modified on Grant of Rehearing September 26, 2002.

Attorney(s) appearing for the Case

Charles L. Cunningham, Jr., Michael O. McDonald, Louisville, John W. Don Barrett, Bartlett Law Offices, Lexington, W. Patrick Murray, Steven C. Bechtel, Charles E. Fell, Jr., Murray & Murray Co., LPA, Sandusky, OH, Thomas A. Noe, III, Russellville, Joe C. Savage, Savage, Garmer & Elliott, PSC, Lexington, Counsel for Appellants.

Virginia Hamilton Snell, Mark Stephen Pitt, Donald J. Kelly, John Anthony Goebel, Wyatt, Tarrant & Combs, Louisville, Evan M. Tager, Andrew L. Frey, Charles A. Rothfield, Mayer, Brown & Platt, Washington, DC, Counsel for Appellee.

LAMBERT, Chief Justice.

Evidence presented at trial established that Rockwell negligently or intentionally permitted the escape of PCBs into Town Branch which flowed into Mud River and thereby caused low level contamination of Appellants' real properties. At trial, Appellants sought compensation for the fair market value of their properties due to PCB contamination and the jury awarded compensation based on total destruction of the properties. The Court of Appeals...

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