Harrison v. Indiana Auto Shredders Co.

528 F.2d 1107 (7th Cir. 1975)

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Nature of the Case

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Facts

Harrison (P) and some 33 other claimants reside or work in the Irish Hill section. Shredders (D) was a company engaged in the shredding of autos to recover ferrous metals. Ps were all residents of employers, and they objected to the dust, vibration, and noise generated by D’s operation. Ps sued D for a common law and statutory nuisance by damaging property and endangering the health and safety of residents and workers in the area and for the violation of various local air pollution regulations. D did not object to any of the subjective evidence put on by Ps at trial but focused on its efforts to ameliorate the difficulties in starting up its operations. Most of D’s witnesses were experts and specialists in environmental, industrial, or real estate affairs. Ps turned the trial into a circus by inviting radio and television publicity along with a long list of local officials and dignitaries and even an aide to U.S. Senator Birch Bayh all testifying about their personal observations regarding D’s operations. None of the parties who testified for Ps’ side were competent to prove the shredder was a threat to the health and life of the community. Ps got the verdict and were awarded $176,956 in compensatory and $353,912 in punitive damages and were given a permanent injunction against D from operating its shredding plant. This appeal resulted.