Fred Henry - Page 16




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               In the answer, du Pont denied, inter alia, the plaintiffs'              
          allegations in count I of the complaint (1) that any Benlate that            
          the plaintiffs may have purchased or used was defective, (2) that            
          the damages to the plaintiffs' orchid plants were a direct and               
          proximate result of the breach of duty and negligence of du Pont,            
          and (3) that, as a direct and proximate result of the negligence             
          of du Pont, the plaintiffs suffered and continued to suffer lost             
          profits, loss of business, loss of business reputation, loss of              
          their reputation as orchid growers, and diminution of sales and              
          incurred additional business expenses, had a reduction in the                
          value of the business, lost plants, suffered a diminution of the             
          value of their nursery as a result of chemical contamination of              
          the soil, and suffered other consequential losses and damages.               
               In count II of the complaint relating to the claimed strict             
          liability in tort of du Pont, the plaintiffs alleged in pertinent            
          part:                                                                        
                    24.  The product, when sold by the Defendant, Du                   
               PONT, was in a defective condition, unreasonably dan-                   
               gerous to the Plaintiffs, FRED HENRY and DONNA HENRY                    
               d/b/a FRED HENRY'S PARADISE OF ORCHIDS', plants due to                  
               the defects in the design of the product as are more                    
               fully set forth above.                                                  
                  *       *       *       *       *       *       *                    
                    26.  The Defendant, Du PONT, is therefore strictly                 
               liable to the Plaintiffs, FRED HENRY and DONNA HENRY                    
               d/b/a FRED HENRY'S PARADISE OF ORCHIDS, for any phys-                   
               ical damages or economic losses sustained by the Plain-                 
               tiffs as a result of the defective condition of the                     
               product in question.                                                    





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