12 served as an agronomist for the North Carolina Department of Agriculture. In November 1991, Hight succeeded Stevens as fertilizer administrator for the North Carolina Department of Agriculture, a position he held until October 1994. Both experts were credible and helpful witnesses. They gave parallel testimony regarding the fertilizer industry and administration of the fertilizer laws. They agreed in nearly every material aspect of this case except the legislative purpose for the penalty payments at issue. Both experts agreed that segregation is the primary factor leading to deficient fertilizer, and they also agreed that deficiencies can be reduced but not eliminated. The experts agreed that there are two losses to a farmer when the farmer purchases a deficient fertilizer that is applied to the farmer's crop. The first loss to the farmer is the cost of the deficient fertilizer ingredient, which the farmer paid for but never received. The second loss is the farmer's reduced yield at harvest caused by the deficient fertilizer. They agreed that the second loss, reduced yield at harvest, is nearly impossible to measure, since crop yield is dependent on numerous factors. The experts' opinions diverge when it comes to the purpose of the penalty payments at issue. Stevens opined that the purpose of the penalty for deficient fertilizers is to compensate the user for any loss the deficient fertilizer has caused. Hight opined that the purpose of the penalty for deficient fertilizersPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011