Costa Rican Farmers Win Benlate Lawsuit

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Bradenton Herald Wed, May. 17, 2006

Costa Rican farmers win Benlate lawsuit

RANDALL CHASE

Associated Press

DOVER, Del. - A group of Costa Rican fern growers received a

multimillion-dollar award against DuPont Co. on Wednesday for damages to

their crops caused by the fungicide Benlate.

A jury in Miami returned the verdict against the Delaware-based chemical

company on its fourth day of deliberations, agreeing with the plaintiffs

that Benlate had damaged the ferns' underground stem systems, resulting

in annual crop losses that continued for years.

Plaintiffs' attorney Don Russo said the plaintiffs relied on new

scientific evidence suggesting that Benlate promotes excessive bacterial

growth in plants it is used on, resulting in recurring losses in

perennial crops such as leatherleaf ferns.

" It explains why the symptoms don't go away, " Russo said.

DuPont plans to appeal the verdict.

" We believe there were a number of significant errors in this case that

prompt an immediate appeal by DuPont, " DuPont's senior vice president

and general counsel, Stacey Mobley, said in a statement. " We have a

strong basis for appeal and are confident that we will gain a reversal

as we have done in a number of other Benlate cases. "

Steve Andersen, another attorney for the plaintiffs, said the verdict

showed that DuPont did not conduct the proper testing to support

assertions that the long-term use of Benlate was safe for crops.

" The (reason), we suggested to the jury, is that they didn't want to

know the answer, " he said.

Andersen said that while Benlate was effective in killing some fungi, it

also promoted the growth of harmful bacteria at the same time. As a

result, the ferns, which are strictly ornamental plants, were left

deformed or discolored, rendering them unsalable.

Andersen said all the damages awarded by the jury were for past losses

by the farmers.

Russo said he plans to file a motion asking the court to award $150

million to the 27 fern growers to rehabilitate their farms and

compensate them for future lost profits.

Wednesday's court award totaled almost $114 million, but was adjusted

downward because of contributory negligence by the plaintiffs. Russo

said the gross damages awarded by the jury ranged from about $750,000

for a three-acre farm to $15 million for a farm of about 200 acres.

DuPont officials said the adjusted award is between $50 million and $60

million.

DuPont shares fell 93 cents, or 2.1 percent, to close at $43.75

Wednesday on the New York Stock Exchange.