Williams v. Invenergy, LLC et al
| Daniel Brian Williams |
| Invenergy, LLC and Willow Creek Energy, LLC |
| 2:2013cv01391 |
| August 9, 2013 |
| US District Court for the District of Oregon |
| Pendleton (2) Office |
| John V. Acosta |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
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Filing
140
OPINION and ORDER - The court GRANTS in part and DENIES in part DefendantsMotion for Partial Summary Judgment and Alternative Request for a Daubert Hearing 97 . The court GRANTS that motion to the extent it seeks to exclude expert testimony regardin g the causal link between turbine-produced infrasound and adverse human health effects. Consequently, because Williams cannot create a genuine issue of material fact that infrasound impaired his ability to use and enjoy his land, his nuisance claim p remised on the effects of infrasound is dismissed and the court GRANTS Defendants motion for partial summary judgment on that issue. Williamss nuisance claims based on noise and vibration remain at issue. Further, pursuant to Williamss withdrawal of his nuisance claim based on the flashing lights on the wind-turbine towers, the court GRANTS Defendants motion for partial summary judgment on that claim. The court DENIES Defendants motion for partial summary judgment on Williamss claims for puniti ve damages and injunctive relief. Therefore, this case shall proceed to trial on Williamss claims for nuisance based on the audible noise and vibration produced by the Willow Creek wind turbines, punitive damages, and injunctive relief. IT IS SO ORDERED. Dated this 28th day of April, 2016, by United States Magistrate Judge John V. Acosta. (peg)
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Filing
63
OPINION and ORDER - Defendants' Motion to Dismiss 19 Williams's claims for nuisance per se and statutory nuisance is GRANTED. FURTHER, Defendants' motion for summary judgment 19 on Williams's claim for injunctive relief is DENIED. Signed on 12/16/14 by Magistrate Judge John V. Acosta. (peg)
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