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Kemper/Prime Indus. Partners v. Montgomery Watson Ams., Inc.

ELR Citation: 37 ELR 20140
Nos. No. 05-1144, (7th Cir., 06/12/2007) Aff'd

The court upheld the dismissal of a property owner's negligent misrepresentation claim against an environmental assessment (EA) company that failed to reveal the full extent of contamination of the owner's land. The owner purchased the property in 1990 after receiving the company's assessment report. Later, when it decided to refinance the property in 1996, the owner conducted another EA of the land. The new assessor discovered contamination that was present in 1990 that was not detected previously. The lower court properly dismissed the case because the owner failed to put forth evidence of its recoverable damages. The owner needed to proffer evidence of the cost of remediating the contamination listed in the 1990 report and the total cost of remediating the contamination that existed on the property at the time of the 1990 report, but if failed to demonstrate either with any degree of probability.

[A prior decision in this litigation is available at 30 ELR 20750.]