- 42 - claimed in that lawsuit, or $3,796,118. Du Pont also presented evidence in the lawsuit through an expert who valued the plain- tiffs' inventory at $75,000 and who concluded that the total loss of the plaintiffs was between $172,995 and $267,803. No other witness testified in the lawsuit concerning the amount of damages sustained by the plaintiffs. In advancing his contention that the $2,800,000 total settlement amount, and consequently the $1,623,203 settlement payment, was paid on account of the loss of the plaintiffs' business reputation and the loss of their reputation as orchid growers, Mr. Henry reasons as follows: Proximate cause is the causal connection between the tortfeasor actions and the injury. This is the traditional "but for" test. Dupont negligently placed on [sic] defective product on the market, that product caused damage to orchids, those damaged orchids were sold by an individual who has a reputation of producing and selling high quality orchids, the orchids were generally sold to people knowledgeable about orchids, the orchids became deformed, failed to flower, and died (definitely not high quality orchids), the reputation for selling and producing high quality plants was destroyed by the selling plants which became deformed and died. But for the Dupont's negligence the peti- tioner's reputation would not have been damaged. There was no intervening cause. * * * Not only is petitioner's "but-for" argument rejected by the record in this case, which establishes that the $2,800,000 total settlement amount, and consequently the $1,623,203 settlement payment, was not paid on account of the loss of the plaintiffs' business reputation or the loss of their reputation as orchidPage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
Last modified: May 25, 2011