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McGinnis v. Northland Ready Mix, Inc.

344 S.W.3d 804 (2011)

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McGinnis v. Northland Ready Mix, Inc.

Missouri Court of Appeals
344 S.W.3d 804 (2011)

Facts

Northland Ready Mix, Inc. (Northland) (defendant) owned a cement plant that adjoined two parcels of land owned by Rhonda McGinnis (plaintiff). One parcel of McGinnis’s land included a repair shop, and the other parcel of McGinnis’s land included a home, which McGinnis rented to tenants. McGinnis sued Northland for temporary nuisance, alleging that, for a period of 178 months, water containing gravel, sand, and cement had overflowed Northland’s facility and run onto McGinnis’s land. The water had deposited sediment and prevented McGinnis and her tenants from driving onto the property. At trial, McGinnis presented evidence that Northland’s negligence had caused more than $178,000 in damages, including lost market rental value of $92,753 for her two properties while the nuisance existed. McGinnis did not present any evidence of actual rental losses caused by the nuisance. A jury found Northland liable for temporary nuisance and awarded McGinnis $50,000 in damages caused by the water, dust, and noise. Northland appealed.

Rule of Law

Issue

Holding and Reasoning (Smart, J.)

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