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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.
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