- 3 - Benlate on his orchids, petitioner was forced out of the orchid business. On October 8, 1992, petitioner and his wife filed a civil lawsuit against Dupont, Universal, and others in Florida State court. Petitioner's complaint alleges: (1) Petitioner suffered damages as a result of Dupont's negligence in its formulation, manufacturing, and analysis of Benlate; (2) Dupont and Universal are liable under the theory of strict product liability; and (3) Universal is liable to petitioner for breach of warranty. The damages that petitioner allegedly suffered include lost profits, loss of business reputation as an orchid grower, diminution of sales, and a diminution in the value of his nursery due to contamination of the soil. Petitioner's case against Dupont and Universal was tried before a jury in 1993. During the course of the trial, petitioner's expert testified that petitioner's damages totaled $3,796,118, an amount composed of $3,254,000 in lost inventory and approximately $542,000 representing the amount that petitioner would have earned on $3,254,000 at 8 percent compound interest over the 2-year period that elapsed between the date petitioner terminated his orchid business and the anticipated date of entry of the judgment. On September 23, 1993, the jury entered its verdict in petitioner's favor finding: (1) Dupont placed Benlate on the market with a defect that was a legal cause of damage toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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