Dupree-Simpson Farms v. HELENA CHEMICAL

682 So. 2d 838, 1996 WL 626229
CourtLouisiana Court of Appeal
DecidedOctober 30, 1996
Docket28739-CA, 28740-CA
StatusPublished
Cited by8 cases

This text of 682 So. 2d 838 (Dupree-Simpson Farms v. HELENA CHEMICAL) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dupree-Simpson Farms v. HELENA CHEMICAL, 682 So. 2d 838, 1996 WL 626229 (La. Ct. App. 1996).

Opinion

682 So.2d 838 (1996)

DUPREE-SIMPSON FARMS, Plaintiff-Appellee,
v.
HELENA CHEMICAL COMPANY, et al., Defendants-Appellants.
JOE D. SIMPSON FARMS, Plaintiff-Appellee,
v.
HELENA CHEMICAL COMPANY, et al., Defendants-Appellants.

Nos. 28739-CA, 28740-CA.

Court of Appeal of Louisiana, Second Circuit.

October 30, 1996.

*839 Marshall T. Napper, Monroe, for Defendants-Appellants.

Lewis O. Sams, Coushatta, for Plaintiff-Appellee.

Before HIGHTOWER, WILLIAMS and GASKINS, JJ.

WILLIAMS, Judge.

In this action alleging tort and contract claims, the plaintiffs, Dupree-Simpson Farms and Joe Simpson Farms, filed suit against the defendants, Helena Chemical Company, Setre Chemical Company, Ciba-Geigy Corporation, Abell Corporation, Paul Foshee Dusting Company, Inc. and Paul Foshee, Jr., to recover damages resulting from crop loss. Following a jury verdict, the trial court rendered judgment against the defendants, Helena Chemical Company and Setre Chemical Co. ("Helena"), and in favor of plaintiffs, Dupree-Simpson Farms and Joe Simpson Farms, for the sum of $61,500 and attorney fees of $20,500. Subsequently, the trial court granted the plaintiffs' motion for judgment notwithstanding the verdict, increased the plaintiffs' damage award to $123,000 and awarded attorney fees in the amount of $41,000. The defendants appeal.

FACTS

Plaintiffs' farms are located in Red River Parish and Natchitoches Parish. Michael Simpson is a partner with the plaintiffs and manages the daily business operation of the farms. Approximately one-half of the plaintiffs' land was planted with cotton. Helena *840 Chemical Company manufactures chemical insecticides and sells them under the name of its subsidiary, Setre Chemical Company. In 1992, the plaintiffs purchased chemicals from Helena.

On July 16, 1992, the chemicals methyl parathion, dimethoate and "Penetrator Plus," produced by Helena, were applied to plaintiffs' cotton crop by aerial spraying. Methyl parathion and dimethoate are organo phosphate insecticides used to control boll weevils and aphids. Penetrator Plus is a chemical added to the spray mixture to enhance the effect of the pesticides. "Super Boll," a foliar fertilizer, was also added to carry the chemicals to the crops. The fertilizer was manufactured by Abell Corporation. On July 22, 1992, the plaintiffs again applied Helena chemical products, including methyl parathion, "Karote" and "Penetrator Plus." During July 28 and 29, 1992, plaintiffs sprayed their crops with methyl parathion, "Penetrator Plus" and "Curacron," another organo phosphate, which was manufactured by Ciba-Geigy. Following the July 16, 1992 and the July 28-29, 1992 applications, the plaintiffs observed that the chemicals had burned their cotton plants. The plaintiffs filed suit, alleging that their crop had been damaged by application of defective chemicals produced by defendant chemical companies and sprayed by defendant crop-dusting company.[1]

After a trial, the jury answered 28 interrogatories and rendered a verdict finding that defendants Helena and Setre Chemical Companies were liable for plaintiffs' damages and that Michael Simpson was 50% at fault. Originally, the jury awarded plaintiffs $53,000 for the lost cotton crop yield. After a request by counsel, the trial judge questioned the jury foreman, who acknowledged that this award represented 50% of the total amount for lost yield determined by the jury. After the judge reminded jurors that they were not to reduce the damage award by the percentage of fault, the jury then doubled all of their original damage figures. Following the trial judge's explanation that the damage amounts relating to the redhibition claim would not be reduced by fault, the jury returned with an award of $106,000 for lost crop yield, $3,500 for return of the purchase price, $5,000 for expenses incurred by Michael Simpson and $20,500 for attorney fees. The trial court rendered judgment against Helena and in favor of plaintiffs for the sum of $61,500 and $20,500 in attorney fees.

Subsequently, the plaintiffs and Helena each filed motions for judgment notwithstanding the verdict. Finding that comparative fault is inapplicable to a redhibition claim, the trial court granted plaintiffs' motion and rendered judgment notwithstanding the verdict against Helena for the sum of $123,000, plus an additional $41,000 in attorney fees, thereby doubling the jury's awards for return of the purchase price, expenses and attorney fees. Helena appeals.

DISCUSSION

Helena argues the trial court erred in finding that the plaintiffs sustained a loss of crop yield. They contend that weather conditions and insects were responsible for any variation in the plaintiffs' annual cotton yield.

A court of appeal may not set aside a trial court's or a jury's finding of fact in the absence of manifest error or unless it is clearly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989). Reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable. Stobart v. State Dept. of Transp. & Development, 617 So.2d 880 (La.1993). The allocation of fault is also a factual determination subject to the manifest error rule. Donavan v. Jones, 26,883 (La.App.2d Cir. 6/21/95), 658 So.2d 755.

In the present case, there was evidence that the plaintiffs' cotton crop was damaged by chemicals. Herschel Morris, the chemist for the Louisiana Department of Agriculture, testified that an analysis of a sample of methyl *841 parathion showed that the percentage of active ingredient exceeded the label rate. Dr. Rick Yager, the plaintiffs' expert in cotton production and crop damage adjusting, testified that he inspected the Simpson farms after they were sprayed with organo phosphate chemicals, including methyl parathion and dimethoate produced by defendants. Dr. Yager concluded that the damage to plaintiffs' cotton crop was caused by an organo phosphate chemical burn, as indicated by the condition of the plant leaves. He stated that the use of Penetrator Plus increased the severity of the chemical burn by stripping off the protective outer layer of the cotton leaves and allowing the organo phosphates to enter the plant cells.

Dr. Yager testified that the field comparison approach was a widely accepted method of calculating losses from reduced crop yields. The term, yield, refers to the pounds of cotton produced per acre. This method compares the difference between the yield produced by fields unaffected by some stress factor and the yield of affected fields. Although all of plaintiffs' fields were sprayed with chemicals, Field-5 was less severely burned because it was sprayed on the morning of July 29, 1992, after the pesticides were left suspended in water overnight. Dr. Yager explained that the process of hydrolysis could break down the pesticides and reduce their potency. As a result, Field-5 produced a higher yield than all of the other fields because it received less burn damage. Using the field comparison approach, Dr. Yager calculated that crop damage caused a loss of $41,942 at the Dupree-Simpson farm and a loss of $64,137 at the Joe-Dan Simpson farm, for a total loss of $106,079.

The jury also heard testimony disputing the idea that chemical damage caused the reduction in plaintiffs' crop yield. Dr. Hal Lewis, defendants' expert in cotton yield loss calculation, testified that crop yields naturally vary over time due to soil and weather conditions.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Matt v. Agro Distribution, LLC
904 So. 2d 928 (Louisiana Court of Appeal, 2005)
Joseph Matt v. Agro Distribution, LLC
Louisiana Court of Appeal, 2005
Thomas v. Thomas
753 So. 2d 407 (Louisiana Court of Appeal, 2000)
Morris v. United Services Auto. Ass'n
756 So. 2d 549 (Louisiana Court of Appeal, 2000)
Bossier Orthopaedic Clinic v. Durham
747 So. 2d 731 (Louisiana Court of Appeal, 1999)
Melancon v. Sunshine Const., Inc.
712 So. 2d 1011 (Louisiana Court of Appeal, 1998)
Hargrove v. Hargrove
694 So. 2d 645 (Louisiana Court of Appeal, 1997)
Watkins v. Freeway Motors
691 So. 2d 854 (Louisiana Court of Appeal, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
682 So. 2d 838, 1996 WL 626229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dupree-simpson-farms-v-helena-chemical-lactapp-1996.