First Select Properties, LLC and A & A Mechanical, Inc. v.LVL, LLC and ARK Services, LLC. John Walters and Ryan Glass successfully defended their clients. This litigation concerned the alleged intrusion of salt from one property to a neighboring property. Defendant ARK Services, LLC operated a facility maintenance business on the premises of 1113 Ulrich Avenue in Louisville, Kentucky. The property on which ARK Services operated the business was owned by Defendant LVL, LLC. As part of its business operations, ARK Services, LLC stored rock salt on its premises from November 2010 to October 2018. The salt was used at the nearby UPS facility during winter conditions.
In 2018, the owner of the neighboring property noticed rusting to his metal buildings, a white substance on the concrete of his property, and damage to the businesses’ personal property. Plaintiffs alleged the salt had migrated from Defendants’ property and damaged the real property and personal property of Plaintiffs as a result of the negligence of Defendants in the storage of the salt.
Plaintiffs argued buildings on their property needed to be torn down, concrete removed, an interceptor trench placed, and the buildings rebuilt. Plaintiffs argued the salt would continue to damage the property in the future as it was below the surface of the ground and the salt vapor would cause ongoing harm to the property. Plaintiffs claimed the damage was so severe, the property had a value of $0 following the salt intrusion.
Defendants argued the damage was limited to one metal framed building on Plaintiffs’ property and the concrete in and around same. Plaintiffs sought to recover up to $3,000,000.00 in damages for replacement of their buildings. Defendants presented evidence the cost of repair was $177,598.02. The jury was out for one hour, including eating lunch within that hour. The jury awarded $177,598.02. Nine of the 12 jurors agreed to the award of $177,598.02.