Cole Settles Crop Loss Case Caused by Botched Crop Dusting
A southern Missouri farmer sought to improve yield on hundreds of acres of wheat by hiring a crop duster to perform an aerial application of fungicide. After the crops were sprayed they began to show distress. Then, inexplicably, the crops began to wither and die. Detailed sampling, investigation, and testing revealed that the crop duster mistakenly loaded the aircraft with the herbicide Round-Up and sprayed the wrong chemical on the wheat. Rather than increasing yield with fungicide, the farmer’s crop was devastated by herbicide. The farmer retained Gray Ritter Graham attorney Morry Cole to pursue recovery of his economic losses caused by the application of the improper chemicals. Detailed analysis of crop yields from neighboring undamaged fields helped quantify the crop losses. As a result of Cole’s efforts, the farmer received full payment for lost crops, with interest. The overwhelming evidence of liability and damages facilitated resolution of the claim without filing suit in Court.