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Summary Judgment in Favor of Two SGR Clients
The South Carolina Court of Appeals has affirmed the grant of summary judgment in favor of SGR’s clients Gaston Copper Recycling Corporation (“GCRC”) and Southwire Company in three consolidated cases in which plaintiffs alleged that the GCRC copper scrap recycling plant in Gaston, South Carolina had contaminated their property by reason of emission of smoke and other airborne particles from the plant when it was operated by GCRC and also earlier when it had been owned by a prior owner-operator. Hedgepath, et al. v. AT&T, et al. (S.C. Ct. App. Dec. 10, 2001). More than 400 plaintiffs were involved in the litigation, including approximately 400 individuals who lived in the neighboring community, a family group of plaintiffs who had sold the land on which the facility was constructed and who continued to own a large tract of adjoining property, and a former employee of the facility who alleged property damage to his home by reason of having carried waste particles from the plant on his shoes and clothing.
In granting summary judgment to SGR’s clients, the trial court found, and the court of appeals affirmed, that any injuries alleged by the plaintiffs were known to them many years previously (including as a result of other litigation), and that the statute of limitations had run on all of the plaintiffs’ claims against GCRC and Southwire. Regardless of whether the alleged wrongdoing was classified as “trespass” or “nuisance,” the court of appeals found that such torts were “permanent” in nature and not “continuing.” Accordingly, each emission from the plant did not constitute a new claim. As a result, the court held that the plaintiffs had failed to bring their claims within the statutorily allowed limitations period after the plaintiffs knew or should have known of their alleged injuries.
SGR lawyers handling the case on behalf of GCRC and Southwire included litigation partners James Bratton, Tom Barton and Andy Thompson.