R.R. Street & Co., Inc., v. Pilgrim Enterprises, Inc.

This appeal arises from a suit brought by Pilgrim Enterprises, Inc., and related entities *fn1 (collectively “Pilgrim”), and Jack Turk, and related entities and individuals (collectively “Turk”), *fn2 against R.R. Street & Co., Inc. (Street) to recover environmental cleanup costs and other damages incurred by Pilgrim and Turk at their respective dry-cleaning plants.

Street appeals the trial court’s judgment awarding Pilgrim $1.5 million under the Texas Solid Waste Disposal Act (SWDA). *fn3 In two issues, Street contends that (1) Street is not a “responsible party” as defined by SWDA, and (2) the trial court erred in denying Street a jury trial on Pilgrim’s SWDA claim. Further, Pilgrim and Turk appeal, contending the jury’s failure to find Street liable under various common law theories was against the great weight and preponderance of the evidence. Pilgrim also contends the trial court erred in granting Street’s motion for directed verdict on Pilgrim’s breach of fiduciary duty claim. For the reasons set forth below, we affirm in part, and we reverse and remand in part.