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In Nuisance Lawsuit, May Plaintiff Recover for Fear, Other Emotional Harm Without Physical Injury?
Christine Banford, et al. v. Aldrich Chemical, Inc., et al., Case no. 2009-0305
2nd District Court of Appeals (Montgomery County)
ISSUE: In a civil lawsuit in which property owners seek recovery for "annoyance and discomfort" caused by a nuisance on another person's property, may the plaintiffs assert damage claims for fear and other emotional harm allegedly caused by the defendant's acts or omissions, or are annoyance and discomfort damages recoverable in a nuisance action only for "tangible injuries" resulting in "actual physical discomfort?"