Anhydrous ammonia trespasses into neighbor's home

Tag : Anhydrous Ammonia

A dispute between neighbors made its way to the Madison CountyCourthouse on June 20, when Mark Kistner of 809 Glen Crossing Roadin Glen Carbon filed suit against John Stille of 814 Glen CrossingRoad alleging Stille negligently allowed anhydrous ammonia to enterhis home on April 22, 2007.

Represented by Penni Livingston of Fairview Heights, Kistner claimsStille uses land at 814 Glen Crossing Road to raise crops and onthe day in question applied anhydrous ammonia to his field.

Kistner claims Stille made a turn in front of his house with thetractor he was using and while making the turn he proceeded toraise the anhydrous ammonia applicator allowing the release of asignificant quantity of anhydrous ammonia.

"The failure to stop or reduce the flow of anhydrous ammonia whileturning in front of the Plaintiff's house on or about April 22,2007, caused the release of a large amount of anhydrous ammoniainto the surrounding atmosphere," the complaint states.

Kistner claims the release of anhydrous ammonia was done in such away that it entered his property.

According to Kistner, anhydrous ammonia is toxic, caustic andlisted as a highly hazardous substance that is regulated by severalstate and federal agencies.

He claims Illinois law requires any person that handles, transfersor otherwise works with anhydrous ammonia to be trained tounderstand the properties of ammonia and to be competent in safeoperating practices.

"The Defendant was required to apply anhydrous ammonia in a mannerthat is safe to the public," the complaint states.

Kistner claims Stille failed to exercise the standard of care thata reasonably prudent person with experience and training in theapplication of anhydrous ammonia would have exercised in a similarsituation.

"The Defendant knew or should have known that failing to stop theflow of anhydrous ammonia during the turnaround of the tractorwould cause anhydrous ammonia to be released into the air and ontothe Plaintiff's property," the complaint states.

According to Kistner, the release of the anhydrous ammonia causedhis physicians to diagnose him with reactive airway disease,chronic bronchitis, and pneumonitis from a chemical exposure to theanhydrous ammonia Stille released.

He claims he has been damaged by suffering from eye irritation,throat irritation, shortness of breath which required him to taketime off work, pay large sums of money in medical andpharmaceutical bills and suffer property damage.

Kistner also alleges Stille trespassed on his property when he didnot have permission or the right to cause any material to bereleased into the air and carried onto his property by the wind.

He also claims that the release of the anhydrous ammoniaunreasonably interfered with his use and quiet enjoyment of hisproperty.

"The law of private nuisance rests upon the concept embodied in theancient legal maxim 'sic utere tuo ut alienum non laedes' whichtranslates into every person should use his own property as not toinjure that of another," the complaint states.

Kistner is seeking damages in excess of $200,000 for the injurieshe allegedly received.

The case has been assigned to Circuit Judge Barbara Crowder.

08 L 539