In Nuisance Lawsuit, May Plaintiff Recover for Fear, Other Emotional Harm Without Physical Injury?
Christine Banford, et al. v. Aldrich Chemical, Inc., et al., Case no. 2009-0305 2nd District Court of Appeals (Montgomery County) ISSUE: In a civil lawsuit in which property owners seek recovery for “annoyance and discomfort” caused by a nuisance on another person’s property, may the plaintiffs assert damage claims for fear and other emotional harm allegedly caused by the defendant’s acts or omissions, or are annoyance and discomfort damages recoverable in a nuisance action only for “tangible injuries” resulting in “actual physical discomfort?” BACKGROUND: This case involves the aftermath of an April 2007 explosion at a manufacturing facility in Miamisburg owned by the Aldrich Chemical Company. The explosion did not cause physical injury or significant property damage to adjoining properties, but as a precaution individuals living within a one-mile radius of the facility were evacuated and were not able to return to their homes for approximately 24 hours. Some of the adjoining property
