Fred Henry - Page 14




                                        - 14 -                                         

          (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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