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Dombrowski v. Gould Elecs., Inc.

ELR Citation: 27 ELR 21048
Nos. 3:CV-93-0120, 954 F. Supp. 1006/(M.D. Pa., 12/31/1996)

The court holds that property owners' negligence, nuisance, and trespass claims against a battery crushing and lead processing plant in their neighborhood are time barred. The court first holds that their negligence claim is barred by Pennsylvania's statute of limitations, because their praecipe for writ of summons was not filed within the prescribed two-year time limit. The statute of limitations began to run in 1989, when the property owners became aware that they had suffered a diminution in value of their residence due to the activities at the plant, but they did not initiate this action until 1993. The property owners' nuisance and trespass claims are also barred by Pennsylvania's two-year statute of limitations. Because the invasions or trespasses that they allege in these claims occurred before this litigation, these invasions constitute permanent trespasses. The statute of limitations, therefore, began to run from the time the emission first occurred, or at least from the date it should have reasonably been discovered, which would have been when the property owners subjected their real property to soil testing in 1988.

Counsel for Plaintiffs
Gerald Williams
Williams & Cuker
1617 JFK Blvd., Ste. 800, Philadelphia PA 19103
(215) 557-0099

Counsel for Defendant
G. Wayne Renneisen
Harvey, Pennington, Herting & Renneisen
11 Penn Center
1835 Market St., 29th Fl., Philadelphia PA 19103
(215) 563-4470