DuPont must pay $29.5 million to Costa Rican nurseries (Benlate)

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DuPont must pay $29.5 million to Costa Rican nurseries

The Associated Press

MIAMI (August 10, 2001 10:00 p.m. EDT http://www.nandotimes.com) - A jury

ruled Friday that DuPont Co. must pay two Costa Rican growers $29.5 million

for plant damage caused by the fungicide Benlate.

The jury deliberated 9 1/2 hours before finding for the growers in the

racketeering allegations against the world's largest chemical maker, which

no longer makes Benlate.

The five-week trial was the first time DuPont faced racketeering charges

before a jury over Benlate, which is blamed for killing, deforming and

damaging nursery plants, especially in moist, humid climates.

Under Florida law, the jury's civil racketeering verdict means Miami-Dade

Circuit Judge Amy Steele Donner could triple the jury's award to $88.5

million. The jury did not award punitive damages in the case.

Producturas de Semillas was awarded $15.5 million for lost plants and

profits and Palmas & Bambu gained $14 million for lost plants and nursery

replanting costs. The growers had sought $29 million in compensatory

damages.

In a statement, DuPont said the verdict was a product of juror confusion

caused by rulings that excluded key evidence in the case.

" This verdict was the result of a seriously flawed proceeding and we look

forward to a higher court's review of the several and substantial grounds we

will raise on appeal, " DuPont spokesman Mike Ricciuma said.

Adam Moskowitz, a lawyer for the growers, said they were satisfied with the

results.

" We believe that the jury system worked. We have confidence that the jury

and the judge did a very thorough and reliable job, " Moskowitz said.

DuPont, which ordered a halt to Benlate production in April after 32 years,

has paid out more than $1 billion in settlements and legal fees on Benlate

damage claims but denies the Costa Rican growers' racketeering, fraud,

negligence and defective product claims.

In closing arguments on Wednesday, growers attorney Humphreys said

DuPont launched a corporate damage control program by assigning an attorney

to supervise Benlate testing, altering some results and discarding others

that ended with a " blackened mass of vegetation. "

" The real field test had occurred with farmers all over the world in 1990

and 1991, " she said, blaming plant damage on a toxic buildup of a breakdown

chemical when bags of Benlate were exposed to moisture.

DuPont attorney Boudet dismissed the growers' " searing allegations " on

Wednesday as a smear campaign built on " pseudoscience. " Under those

conditions, he said, " then maybe, just maybe, you don't have to deal with

the science. "

The growers benefited from a pretrial ruling allowing jurors to hear that

DuPont conducted tests in Costa Rica in 1992 and, as claims mounted,

destroyed records that it had a legal duty to preserve.

Boudet said the test was dropped after a spot inspection because the plants

were diseased.