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C. Benlate Damage
In connection with the operation of Patsy’s Nursery,
petitioners used a fungicide, Benlate, manufactured by
E.I. du Pont de Nemours and Co. (du Pont). From 1988 to 1991,
petitioners suffered extensive damage to their stock of plants,
which they claim was a result of their use of Benlate.
D. The Lawsuit
In 1991, on account of the claimed Benlate damage,
petitioners began a lawsuit against du Pont in the Circuit Court
of the Ninth Judicial Circuit in and for Orange County, Florida
(the lawsuit). Petitioners averred that du Pont had allowed the
Benlate used by petitioners to become contaminated so as to cause
the damage in question. Petitioners demanded a judgment for
monetary damages from du Pont under theories of strict liability
in tort and negligence. Under both theories, petitioners
claimed: “[T]he Fabrys have sustained damages in the form of the
lost value of destroyed or injured plants, damage to their
business reputation, lost income and lost value for their
business, the amount of which exceeds $10,000.” Du Pont answered
the lawsuit, denying knowledge or information sufficient to form
a belief as to the truth of many of petitioners’ allegations and
asserting affirmative defenses.
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