Fred Henry - Page 13




                                        - 13 -                                         

          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               Our offer will be withdrawn 10 days from the delivery                   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             






Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011