- 15 - a. The Defendant negligently formulated the product in such a way that it was hazardous to plant life. b. The Defendant negligently failed to manufacture the product and/or supervise the manufac- ture of the product so as to render it safe for use on plants. c. The Defendant negligently failed to test and analyze Benlate to determine whether it was, in fact, safe for use on plants. d. The Defendant contaminated the Benlate or allowed it to be contaminated by third persons so as to render it hazardous to plants. e. The Defendant failed to take the proper precautions to see to it that the Benlate was in a safe and proper condition for use on plants. f. The dangerous chemical properties of Benlate were known to the Defendant for a sufficient length of time prior to the sale of the product to the Plaintiffs such that the Defendant was negligent in failing to stop the sale of Benlate. 21. As a direct and proximate result of the negligence of the Defendant, Du PONT, the Plaintiffs, FRED HENRY and DONNA HENRY d/b/a FRED HENRY'S PARADISE OF ORCHIDS, have suffered and continue to suffer lost profits, loss of business, loss of business reputation, loss of the reputation of FRED HENRY and DONNA HENRY as orchid growers, diminution of sales, incurred addi- tional business expenses, have had a reduction in the value of the business, have lost plants, have suffered a diminution in the value of their nursery as a result of chemical contamination of the soil, and have suf- fered other consequential losses and damages. WHEREFORE, the Plaintiffs, FRED HENRY and DONNA HENRY d/b/a FRED HENRY'S PARADISE OF ORCHIDS, demand judgment against the Defendant, Du PONT, including interest and costs and demand trial by jury of all issues triable as of right by jury.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011