EXXON CORP., U.S.A. v. DUNN

No. BD-190.

474 So.2d 1269 (1985)

EXXON CORPORATION, U.S.A., Appellant, v. Judy DUNN, Individually and As Next Friend to Melissa Godwin and Stacy Godwin; Philip Dunn, Individually and As Next Friend to Kelly Dunn and Shari Michelle Dunn; and James Dunn, Appellees.

District Court of Appeal of Florida, First District.

September 10, 1985.


Attorney(s) appearing for the Case

Alan C. Sundberg and Sylvia H. Walbolt, of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tallahassee, for appellant.

Charles J. Kahn, Jr., of Levin, Warfield, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, Pensacola, for appellees.


WIGGINTON, Judge.

Exxon Corporation brings this appeal from a final judgment holding it liable for both personal and property damages arising from the operation of its "separation" plant, found to be a permanent nuisance. We affirm in part and reverse in part.

The facts upon which this case arose are set out below.

During the latter part of 1973, Judy Godwin began construction of her home. During March or April of 1974, Exxon began construction of...

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