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Clifford v. Crop Prod. Serv., Inc., 10-1377

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By FindLaw Staff on November 29, 2010 3:22 PM

Corn farmer's negligence suit against supplier of herbicides

Clifford v. Crop Prod. Serv., Inc., 10-1377, concerned a challenge to the district court's grant of defendant's motion for summary judgment, in a corn farmer's negligence suit against a supplier of herbicides.

In affirming the judgment, the court held that a trier of fact could not reasonably infer from plaintiff's witness's testimony that defendant was the source of the glyphosate.  Further, the plaintiff failed to produce any evidence identifying the precaution that defendant failed to take, the cost of that precaution, and the expected cost of the accident that the precaution was designed to prevent.  Lastly, the court held that this is not a proper case for res ipsa loquitur as plaintiff failed to produce some evidence about the dangers of glyphosate contamination.

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