This section contains the nature of the case and procedural background.

Lowe's (P) operated a retail store in Rome, Georgia. P wanted to expand and contracted with Horne Properties to purchase adjoining land and lease it to P. All of the relevant property is located near a General Electric (D) plant where polychlorinated biphenyls (PCBs) were used. PCBs were discovered on the first parcel of adjacent property P, and Horne canceled their agreements. P and Horne then contracted on 8-acre adjacent parcel that is the subject of this case. PCBs were found on this property as well. P and Horne canceled their agreements for the second parcel. P then filed suit against D alleging trespass, nuisance, negligence, and negligence per se in addition to federal environmental claims. The jury awarded P $18 million in lost profits associated with the planned superstore; $2 million for the reduction of rental value of P's existing property; and $163,581 for P's costs of investigating and responding to the contamination.

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