BANFORD v. ALDRICH CHEM. CO., INC.

No. 2009-0305.

126 Ohio St.3d 210 (2010)

2010-Ohio-2470

BANFORD ET AL.; FERGUSON, Appellee, v. ALDRICH CHEMICAL COMPANY, INC., Appellant.

Supreme Court of Ohio.

Decided June 9, 2010.


Attorney(s) appearing for the Case

Dyer, Garofalo, Mann & Schultz, John A. Smalley, and Jeffrey G. Chinault; Leppla Associates and Taylor Jones Jr.; CR Washington Co., L.P.A., and Cheryl R. Washington; and Behnke, Martin & Schulte, Richard W. Schulte, and Stephen D. Behnke, for appellee.

Faruki, Ireland & Cox, P.L.L., Martin A. Foos, and Charles J. Faruki; and Thompson Coburn, L.L.P., and Gordon L. Ankney, for appellant.


LUNDBERG STRATTON, J.

{¶ 1} We must determine whether a plaintiff must present evidence of physical discomfort to recover damages for annoyance and discomfort in a nuisance claim. In addition, we must determine whether the trial court properly limited evidence at trial regarding plaintiffs' fears and concerns about future harm.

{¶ 2} This case involved a trial on proximate cause and damages only, resulting from the evacuation...

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