Barrett Properties LLC v. Roberts Capitol Inc.

No evidence showed that the defendants proximately caused any harm to the plaintiffs due to a spike in a volatile organic compound detected in a ground monitoring well on the site of an adhesives manufacturing facility, which the defendants leased from the first plaintiff.

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Barrett Properties, LLC “Barrett” and CEA, LLC, formerly known as Capitol USA, LLC and ESHCO, LLC “CEA” sued, among others, Roberts Capitol, Inc., Q. E. P. Co., Inc., and Roberts Consolidated Industries, Inc. the “Roberts Defendants”, for damages arising out of the alleged chemical contamination of an adhesives manufacturing facility in Whitfield County the “Site”. The trial court granted the Roberts Defendants’ motion for summary judgment on all claims. On appeal, Barrett and CEA argue that the trial court erred in awarding summary judgment to the Roberts Defendants on their trespass, nuisance, negligence and strict liability claims the “common law tort claims”, as well as on their statutory contribution claim. We agree with the trial court that Barrett’s and CEA’s common law tort claims fail for lack of evidence that the Roberts Defendants proximately caused them any harm and, as to the statutory contribution claim, that Barrett and CEA did not show that they had taken “corrective action” for purposes of seeking contribution under OCGA § 12-9-96.1 e. Accordingly, we affirm.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. We review a grant or denial of summary judgment de novo and construe the evidence in the light most favorable to the nonmovant. See Home Builders Assn. of Savannah v. Chatham County, 276 Ga. 243, 245 1 577 SE2d 564 2003.

Barrett Properties LLC v. Roberts Capitol Inc.

No evidence showed that the defendants proximately caused any harm to the plaintiffs due to a spike in a volatile organic compound detected in a ground monitoring well on the site of an adhesives manufacturing facility, which the defendants leased from the first plaintiff.

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