- 16 - 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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011