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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 to
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