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Muncie v. Wiesemann
Kentucky Supreme Court
548 S.W.3d 877 (2018)
- Written by Salina Kennedy, JD
Facts
Cindy and Jim Muncie (plaintiffs) and Patricia Wiesemann (defendant) owned adjoining land. Heating oil leaked onto the Muncies’ land from a tank on Wiesemann’s land, prompting the Muncies to sue for trespass. Wiesemann paid the Muncies a partial settlement of $60,000 to remediate the damages, but the Muncies argued that they were also entitled to stigma damages arising from the diminution in the value of their property. The trial court granted Wiesemann’s motion for summary judgment, finding as a matter of law that the Muncies were not entitled to stigma damages, and the court of appeals affirmed. The Muncies appealed.
Rule of Law
Issue
Holding and Reasoning (Cunningham, J.)
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