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MENTAL ANGUISH DAMAGES IN TRESPASS CLAIMS - CHESTANG, ET AL. V. IPSCO STEEL, INC., ET AL.

In Chestang, et al. v. IPSCO Steel, Inc., et al., [Ms. 1080713] __ So. 3d. __ (Ala. 2010), over 160 residents in Mobile County sued IPSCO, alleging that its Axis Plant created excessive noise and produced fumes that left residue on plaintiffs' properties. The trial court refused to submit the question of mental-anguish damages to the jury. Following a defense verdict, the homeowners appealed. On appeal, the Alabama Supreme Court affirmed the trial court's refusal to submit the mental-anguish question to the jury, finding that in the context of trespass, mental suffering alone, when not accompanied by malice, insult, contumely, or physical injury, does not give rise to mental-anguish damages.

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