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.

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