Deborah Murphy v. Phillip Murphy Book Reviews

Deborah Murphy v. Phillip Murphy by Court of Appeal of Florida Book Summary

At issue in the five month trial below was whether Benlate, a fungicide manufactured and sold by DuPont, was defective and, if so, whether this defect was a proximate cause of damage at five unrelated nurseries, including Native Hammock. (The instant action is between DuPont and Native Hammock only.) At trial, Native Hammock argued that its plants had become sickly shortly after it had begun using Benlate. DuPont responded that the plants deterioration could have been caused by a number of factors unrelated to Benlate including an unusual freeze which occurred during the time period at issue, Hurricane Andrew, or "cultural problems," i.e., certain practices followed by local growers. DuPont also maintained that the damage allegedly observed in certain plants designated to go to the Department of Transportation (DOT), was the result of DOT not having taken timely delivery of those plants. The nursery alleged several theories for its loss including the claim that the damage was the result of sulfonylurea contaminants (SUs) found in Benlate. The jury ultimately returned a verdict in DuPonts favor and the trial judge entered final judgement accordingly.

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Deborah Murphy v. Phillip Murphy (Court of Appeal of Florida) Book Reviews 2024

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