Georgia Court of Appeals Overturns Lower Court to Grant Summary Judgment
Haynes and Boone lawyers convinced a Georgia appellate court to uphold a summary judgment granted for KMG Chemicals in a nuisance/toxic tort case brought by 150 residents in Atlanta. The plaintiffs, in a friendly state court, had made a $34 million last settlement demand. They alleged that KMG and other companies had caused odors and emissions to be released in their neighborhood from the use of a wood preserver product that KMG had sold to a customer.
Houston Partner John Eldridge
argued the motion at the trial court and the appeal in the Georgia Court of Appeals, assisted by Houston Associate Heidi Thomas Bundren
. The firm's attorneys prevailed on the theory that KMG stayed within the role of "vendor" who did not exercise sufficient control over the cause of nuisance to be liable.