Was the trial court correct in rejecting the plaintiffs

Assignment Help Business Law and Ethics
Reference no: EM13836807

Briefing the given Case using The IRAC Method-

Karen Paris and her brother, Thomas McNelley, were neighbors of Leonard and Cynthia Lussier in a Vermont county. Paris and McNelley filed a complaint against the Lussiers, seeking on trespass and nuisance grounds to obtain damages and a court order prohibiting the defendants from using an indoor woodstove to heat their home. The plaintiffs alleged that the use of the stove caused smoke, particulate matter, and/or carbon monoxide to infiltrate their property and home, and that they suffered physical harm and injury as a result. The case proceeded to trial. The plaintiffs produced evidence that McNelley suffered from cerebral palsy and the medical problems associated with that condition, including respiratory restrictions. In addition, the plaintiffs testified that they experienced irritation and pulmonary distress as a result of the defendants' use of the woodstove. The evidence also showed that the woodstove had a blower-type supplemental heater fueled by propane gas and did not meet Environmental Protection Agency standards, but was not inherently unlawful. The trial rejected the plaintiffs' trespass claim and held that they had not proven the elements necessary for a nuisance cause of action. The plaintiffs appealed to the Supreme Court of Vermont. Was the trial court correct in rejecting the plaintiffs' trespass claim? Was the trial court correct in ruling in favor of the defendants on the nuisance claim?

Reference no: EM13836807

Previous Q& A

  An assistant manager of a marketing department

After graduating from school, you are fortunate to receive an offer as an assistant manager of a marketing department in a company located in New York City, working for a fast-growing company that provides marketing support for companies. Your depart..

  Canceled ticket sales

1. Is this a significant deficiency and should it be reported to the audit committee? 2. Should it be reported elsewhere? Where? How?

  What branding strategies would you recommend for business

If you were Urs Wyss, What branding strategies would you recommend for the newly acquired fragrance business unit? Be specific and justify your answers.

  Considering generativity as a continuum from most generative

Considering generativity as a continuum from most generative

  Discuss how you plan to allocate your cash in your portfolio

Index of potential derivatives instruments to include in portfolio - Short discussion of each instrument and the potential returns

  Unique competence in producing jet engines

There is no one answer about what is competitive advantage or one way to measure it, and for the right reason. Nearly everything can be considered as competitive edge, e.g. higher profit margin, greater return on assets, valuable resource such as bra..

  Prepare journal entries for land

1. On December 1, 20x1, Land Co. issued a $100,000, 5-month, note to Castle Bank.  Interest was discounted at issuance at a 8% discount rate.  Prepare journal entries for Land on:

  Indirect-cash flows from operating activities

Fitzpatrick Company's calendar-year 2013 income statement shows the following: Net Income, $374,000; Depreciation Expense, $44,000; Amortization Expense, $7,200; Gain on Sale of Plant Assets, $6,000. An examination of the company's current assets ..

  Describe the level of emotional development of the person

Describe the level of emotional development of the person involved

  What is the main message of the given article

In your own words, summarise the article. What is the main message of this article? According to Authors, "Where performance can only be vaguely determined, awards have a comparative advantage over monetary incentives.

Reviews

Write a Review

 

Similar Q& A

  The legal issues raised

The basic facts that are key to understanding the legal issues raised.

  Write a 350-700-word executive summary in which you

write a 350-700-word executive summary in which you articulate court purposes and responsibilities and the importance

  Law enforcement agencies exist on federal state and local

law enforcement agencies exist on federal state and local levels. what is jurisdiction? describe the difference between

  Did the juvenile have the mental capacity to know right

discussion based on your readings do juveniles possess the mental capacity to distinguish between right and

  What theories of liability will hatch argue

What theories of liability will Hatch argue and what damages could she claim? Brighton asserted that Hatch assumed the risk of driving the car

  Consider the position you would like to occupy in this

consider the position you would like to occupy in this system. describe the job and the possible agency with which

  Activity on probable cause

Activity on Probable Cause

  Read the following you are the parent of a 16-year-old boy

personal application of criminology paperread the following you are the parent of a 16-year-old boy. you come home and

  Compare and contrast the investigation of both crime scenes

In a 2- 3 page paper, using APA formatting, summarize both cases and then compare and contrast the investigation of both crime scenes and the tools used. Consider how the influence of fictional crime shows impacts the investigations of real crime ..

  Has to be in apa 6th edition format two police officers

has to be in apa 6th edition format. two police officers were patrolling in a high-crime neighborhood. they noticed

  Secondary sources must be accessed from peer-reviewed

to prepare for your final paper due in week five complete the following assignment and submit it to your instructor for

  Explain the genetic or physiological evidence

Write a 1,400- to 2,100-word paper discussing the genetic or physiological evidence that supports the notion that biology played a key role in explaining the offender's criminality

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd