HKM Attorneys Obtain Summary Judgment on Petroleum Contamination Case

Submitted by HKM Profession… on Tue, 05/29/2018 - 15:23

HKM attorneys Casey B. Suszynski and Ryan Brackin recently obtained summary judgment on behalf of their co-op client in a petroleum contamination case.  The Plaintiff purchased vacant property from an entity who assured the Plaintiff the property had no environmental concerns.  In the course of preparing to construct a commercial building, Plaintiff learned the soil may be contaminated with petroleum which would need to be remediated before the property could be developed.   Plaintiff sued the seller who filed a third-party complaint against a local co-op that had owned an adjacent gas station in the 1990’s and early 2000’s.   The seller asserted any contamination was caused by the negligence of the co-op and thus, the seller was entitled to contribution and indemnification from the co-op.

The Court granted summary judgment for the co-op by finding no joint liability between the co-op and the seller.  Thus, the seller was not entitled to contribution or indemnification from the seller as a matter of law. 

Casey B. SuszynskiCasey B. Suszynski is an attorney in HKM’s Civil Litigation Group, focusing her practice primarily on products liability, insurance law, and civil litigation. She also has experience in business law, malpractice claims, negotiations, property disputes, construction defect cases, and collections. Casey is licensed to practice in Minnesota and Wisconsin state courts, as well as the U.S. District Court of Minnesota and the U.S. District Court of Wisconsin, Eastern and Western Districts.

Ryan BrackinRyan Brackin is an associate in HKM’s Civil Litigation Group, focusing his practice primarily on toxic tort litigation. Ryan is licensed to practice in Minnesota state court, as well as the U.S. District Court of Minnesota.  Prior to law school, he worked as an environmental consultant assisting commercial real estate and development clients throughout the Midwest.