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Monday, December 17, 2018

No Punitive Damages in Latest North Carolina Hog Nuisance Case

The federal judge in the fourth hog farm nuisance lawsuit against Smithfield’s Murphy Brown unit ruled that the plaintiffs didn’t present enough evidence to warrant punitive damages. The Raleigh, North Carolina, News and Observer says the jury in the case issued a verdict in favor of the neighbors that live next to the hog farm in question. The award was $102,400 in compensatory damages that would have to be divided up among the eight plaintiffs. It was a different story in the first three trials. Juries ruled in favor of plaintiffs and tacked on large punitive damages. While a state statute limits the amount of financial rewards, the total still is just under $100 million in each of the three cases. Judge Earl Britt of North Carolina presided over the first three trials but was replaced during this one by Judge David Faber of West Virginia. Smithfield still faces more than two dozen similar suits claiming that it didn’t do enough to manage hog waste. The next trial is scheduled for January.