Mercury Skyline Yacht Charters v. Dave Matthews Band

2005 U.S. Dist. LEXIS 29663 (2005)

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Mercury Skyline Yacht Charters v. Dave Matthews Band

United States District Court for the Northern District of Illinois
2005 U.S. Dist. LEXIS 29663 (2005)

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Facts

Stefan A. Wohl (defendant) was hired by the Dave Matthews Band (the band) (defendant) to drive a motor coach from the hotel where the band was staying to the concert venue where the band was to perform. While crossing a river on a bridge that had a large, open, grated area, Wohl emptied the motor coach’s waste-collection tank. A vessel owned by Mercury Skyline Yacht Charters (MSYC) (plaintiff), called Chicago’s Little Lady, was passing under the bridge carrying 117 passengers at the time Wohl emptied the motor coach’s tank. Waste from the motor coach’s tank went through the grates of the bridge onto Chicago’s Little Lady and its passengers. MSYC employees spent considerable time and effort cleaning Chicago’s Little Lady. MSYC filed a tort action against Wohl and the band, including a claim for public nuisance, seeking damages for lost profits. Wohl moved to dismiss the complaint on the basis that the economic-loss doctrine barred recovery in tort for purely economic or pecuniary losses not accompanied by personal injury or property damage.

Rule of Law

Issue

Holding and Reasoning (Filip, J.)

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