Assignment
Case: Cook v. Du Quoin- Court of Appeals of Illinois, Fourth District. Jackson Cook, Appellee, v. City of Du Quoin, Appellant.
Instructions:
It considers issues in nuisance law and workers' compensation law. To complete the assignment, read the hypothetical, read the cases (set forth below), and draft responses to each of the questions set forth below.
Hypothetical:
You work at a law firm, and you have been instructed by your supervising attorney to determine if the firm's client, Peterson, would be able to file and win a lawsuit against Electric General Industries ("EG") for nuisance. Assume Cook v. City of Du Quoin is precedent in your jurisdiction. The attorney has provided you with the following facts:
The client, Peterson, has lived in a small Pennsylvania town for 20 years. He claims property damages as a result of soot that was coming from a newly built EG factory. His garden was covered in soot as was his house. Soot came down his chimney and covered his white rug, bedspread, and even his dog. He further claims that the air contained noxious odors, which deprived Peterson of the comforts and enjoyment of his home and that his health was endangered by the condition. He wishes to bring a lawsuit against EG for damages and an injunction prohibiting further discharges.
You also represent, Johnson, an employee of EG who claims that she was injured because the factory knowingly allowed its employees to be exposed to unidentified contaminants and negligently failed to provide adequate ventilation in its building. Anderson v. Piedmont Aviation is precedent in your jurisdiction.
Draft a memorandum (in Word) in which you will answer the following questions and upload your responses (along with the questions) to Canvas:
Task
Read: Cook v. City of Du Quoin and Anderson v. Piedmont Aviation, which are set forth below.
I. Advise Peterson as to whether the holding in Cook v. City of Du Quoin, would allow him to successfully recover monetary damages from EG. If so, why?
II. What is the name of his cause of action and what are its elements? What would be his damages?
III. Would your answer be different if Peterson moved to the neighborhood after the plant had been operating for some time? Why or why not? How do you know?
IV. Based on Anderson v. Piedmont Aviation would Johnson be permitted to recover in a lawsuit against EG? What facts might she assert to try to prevail on her claim?
V. If you were deciding the case under Anderson v. Piedmont Aviation, would you let Johnson recover against her employer? Why or why not?