Fred Henry - Page 42




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          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 orchid                





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