Lore v. Lone Pine Corporation
Superior Court of New Jersey
No. L-33606-85 (N.J. Super. Ct. Law Div. 1986)
Property owners near a landfill (plaintiffs) sued Lone Pine Corporation and hundreds of other defendants for personal injuries and diminished property values from toxic contamination, but offered no medical records or doctor's reports linking their alleged injuries (allergies, skin rashes) to the defendants, and their sole property-value evidence was a realtor's report admittedly based on no property inspection or comparison to similar properties. The defendants sought an order to show cause, and the plaintiffs were given an extension to substantiate their claims further.
Whether a court may issue an order in a toxic tort or contamination case that resolves the case prior to extensive discovery if the plaintiff fails to set forth a prima facie case or plead a claim upon which relief may be granted.