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93. Should the court grant the summary judgment motion?
There is no evidence that the facility owner and the solvent supplier acted in concert.
The solvent supplier has moved for summary judgment, arguing that if there was any contamination, the facility owner and the supplier independently contributed indeterminate amounts to the contamination and that therefore the homeowner cannot show how much damage each has inflicted on her.
A homeowner resides downhill from a metal fabrication facility. She has sued both the owner of the facility and the supplier of a solvent used at the facility. She contends that contaminants, consisting mostly of the solvent, were released into the ground at the facility and have migrated and continue to migrate to her property, contaminating the soil, the groundwater, and her well. She alleges various acts of negligence on the part of the facility owner in causing the release of the contaminants into the ground. She also alleges that employees of the solvent supplier were negligent in frequently spilling some of the solvent onto the ground while filling a rooftop tank at the facility.
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B is incorrect. Vicarious liability occurs when one person commits a tortious act against a third party, and another person is liable to the third party for this act. This type of liability only occurs when there is a special relationship between the tortfeasor and the person to whom the tortious conduct is imputed. There is no special relationship here so vicarious liability does not apply.
C is incorrect. There does not need to be a way of allocating damages against the solvent supplier because the supplier will be held to be joint and severally liable.
D is incorrect. The facility owner and solvent supplier do not need to act in concert for there to be joint and several liability. As stated above, each is liable even if they acted independently.