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June 20, 2006

DuPont, Plaintiffs Both Plan Appeal of $113 Crop Loss Verdict

Both sides plan to appeal a Florida jury's verdict awarding $113 million to 27 Costa Rican growers whose fern crops were damaged by use of DuPont's fungicide, Benlate DF.  The jury also found between 45 and 50 percent comparative negligence on the part of the plaintiffs, reducing the damages award to between $50 million and $60 million.  The plaintiffs will appeal the jury's decision not to award damages for future crop loss, claiming that Benlate permanently damaged the ferns, used in decorative floral arrangements, at the cellular level so that their value is destroyed for the entire crop life of several years.  DuPont believes that the verdict is against the weight of the evidence and hopes for a reversal on appeal such as that obtained in the appeal in 2001 of a similar Benlate case in Florida.  Euro Flores S.A. v. E.I. duPont de Nemours & Co., Fla. Cir. Ct., No. 01-23796 CA 23, verdict May 17, 2006.

JDP

June 20, 2006 | Permalink

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