Fred Henry - Page 17




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                    27.  As a direct and proximate result of the                       
               defective condition of the product in question, the                     
               Plaintiffs, FRED HENRY and DONNA HENRY d/b/a FRED                       
               HENRY'S PARADISE OF ORCHIDS, have suffered and con-                     
               tinues [sic] to suffer lost profits, loss of business,                  
               loss of business reputation, loss of the reputation of                  
               FRED HENRY and DONNA HENRY as orchid growers, diminu-                   
               tion of sales, incurred additional 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 suffered other consequential losses                  
               and damages.                                                            
          In the answer, du Pont denied, inter alia, the foregoing al-                 
          legation in count II of the complaint.                                       
               In du Pont's answer, du Pont also alleged certain affirma-              
          tive defenses against Fred Henry and Donna Henry d/b/a Fred                  
          Henry's Paradise of Orchids, including that any damages sustained            
          by the plaintiffs as a result of the incident described in the               
          complaint were caused solely by their negligence, fault, or want             
          of care or were substantially contributed to by their actions or             
          inactions and that Benlate was misused by them or by their                   
          agents.                                                                      
              Prior to the trial in the lawsuit, depositions were held by             
          du Pont of possible witnesses, including customers and others.               
          Among the claims made by du Pont during those depositions were               
          that Mr. Henry knowingly sold contaminated orchids, that he did              
          not know how to grow orchids, that he used improper growing                  
          media, that he improperly used fertilizer, that he improperly                
          used pesticides, that he improperly stored fertilizers and                   





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