State Farm Fire and Casualty Co., A/S/O Kimberly Dunbar Rossi, Plaintiff-Respondent, v. Timothy Shea, Defendant-Appellant. Cumberland Mutual Fire Insurance Co., A/S/O Timothy Shea Plaintiff, v. Kimberly Dunbar Rossi, Defendant. – N.J. Super – (App Div. 2012)
Practice Areas: Environmental & Toxic Tort Litigation
In a case involving remediation necessitated by an abandoned underground storage tank, the Appellate Division affirmed the trial court’s denial of summary judgment to the property owner and upheld its apportionment of damages under the New Jersey Spill Act. The Appellate Division held that there was no legal error committed since appellant, as a potential home buyer, had a duty to inquire into the pipe protruding from the ground and further held that the judgment apportioned liability in accordance with the factual findings of responsibility.