Question
Write case brief over the following case: Toyo Tire N. Am. Mfg. v. Davis , 299 Ga. 155, 787 S.E.2d 171 (2016). Supreme Court of
Write case brief over the following case: Toyo Tire N. Am. Mfg. v. Davis, 299 Ga. 155, 787 S.E.2d 171 (2016).
Supreme Court of Georgia
June 6, 2016, Decided
S15G1804.
Reporter
299 Ga. 155 * | 787 S.E.2d 171 ** | 2016 Ga. LEXIS 402 *** | 2016 WL 3144339
TOYO TIRE NORTH AMERICA MANUFACTURING, INC. v. DAVIS et al.
Prior History:
Certiorari to the Court of Appeals of Georgia — 333 Ga. App. 211.
Toyo Tire N. Am. Mfg., Inc. v. Davis, 333 Ga. App. 211, 775 S.E.2d 796, 2015 Ga. App. LEXIS 495 (2015)
Disposition:
Judgment affirmed.
Overview
HOLDINGS: [1]-The combined testimony of the homeowners and their expert regarding the traffic, light, noise, odor, and emissions from the factory and its impact on the homeowners' property value was sufficient to defeat the manufacturer's challenge to causation on motion for summary judgment; [2]-The homeowners could recover for both their discomfort and annoyance caused by the alleged nuisance and for the diminution in their property value, because the former was designed to compensate them for what they had already experienced as residents of the property due to the factory, while future discomfort and annoyance was reflected in the diminished fair market value of the property.
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