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total amount of $509,742 for projected lost sales and lost
inventory.
By letter dated June 16, 1992, Lanny W. Tyler (Mr. Tyler), a
certified public accountant retained by Mr. Henry, wrote to
Crawford on behalf of Mr. Henry and countered du Pont's proposed
settlement of $509,742 with a proposed settlement of $5,143,952,
which consisted of $3,264,934 for lost inventory, $231,850 of
interest, $168,168 for liability to customers under Florida law,
$1,095,000 for lost profits and lost sales, and $384,000 for
miscellaneous costs.
By letter dated June 24, 1992, Crawford wrote to Mr. Henry
on behalf of du Pont and recommended a settlement of $965,678
with respect to his claim against du Pont. That letter stated in
pertinent part:
Crawford & Company has been attempting to evaluate your
claim for economic loss arising from your claimed use
of Du Pont's registered fungicide, Benlate DF.
After reviewing the information documentation you have
provided to date, our recommended claim settlement is
$965,678.00.
We are recommending this amount [$965,678] to conclude
any claim that you may have as a result of your claimed
use of Du Pont's registered fungicide, Benlate DF.
Our offer will be withdrawn 10 days from the delivery
of this letter.
On October 8, 1992, Mr. Henry and Ms. Estes d/b/a Fred
Henry's Paradise of Orchids (the plaintiffs) commenced a lawsuit
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