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Plaintiff’s personal right not to be negligently injured is not a common right actionable in public nuisance.

October 1, 2018
Barnett v. Six Flags Great Adventure, 2018 U.S. Dist. LEXIS 74225

The plaintiff attempted to make a claim for personal injury by arguing a cause of action for private nuisance existed. More specifically, the plaintiff alleged that the defendant had caused an unreasonable interference with the use and enjoyment of the plaintiff’s property. As the causes of action sounded in personal injury and did not involve real property, nor alleged intentional and unreasonable conduct or abnormally dangerous conditions, the complaint did not state a claim for private nuisance. Partial summary judgment was granted.



Case Law Alerts, 4th Quarter, October 2018

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