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(lawsuit) against du Pont, Platt Chemical Corporation (Platt),
Universal Enterprises Supply Corporation (Universal), and Asgrow
Florida Company (Asgrow) by filing a complaint (complaint) in the
Circuit Court of the 17th Judicial District in and for Broward
County, Florida (Florida Court). Counts I and III of the com-
plaint alleged negligence by du Pont and Platt, respectively.
Counts II, IV, V, and VII of the complaint alleged strict li-
ability in tort of du Pont, Platt, Universal, and Asgrow, re-
spectively. Counts VI and VIII of the complaint alleged breach
of warranty of Universal and Asgrow, respectively.
On November 5, 1992, du Pont announced that it had stopped
paying Benlate claims because it was not responsible for losses
since Benlate did not damage plants. On December 1, 1992, du
Pont filed its answer in the lawsuit (answer).
Count I of the complaint relating to the claimed negligence
of du Pont alleged in pertinent part:
18. The Plaintiffs, FRED HENRY and DONNA HENRY
d/b/a FRED HENRY'S PARADISE OF ORCHIDS, utilized
Benlate as a fungicide on the products they were grow-
ing for sale, consisting primarily of orchids.
19. Subsequent to the use of the Benlate in
question, the plants developed severe damage * * *
20. The damages to the Plaintiffs, FRED HENRY and
DONNA HENRY d/b/a FRED HENRY'S PARADISE OF ORCHIDS',
plants were a direct and proximate result of the breach
of duty and negligence of the Defendant, Du PONT, in
the following regards:
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