BSCR obtained a jury verdict in favor of our client, Northwest Fertilizer, Inc. after a week-long trial. The case involved a misapplication of an herbicide on corn crops that damaged a portion of plaintiffs’ corn crop. Plaintiffs claimed that damage from the herbicide was widespread throughout a substantial portion of the farm while Northwest Fertilizer claimed the damage was isolated and any remaining damage was the result of other causes for which it was not responsible. At trial, plaintiffs were seeking approximately $650,000. The jury awarded plaintiffs only $27,072.36 for the damaged corn. Much of this award will be offset by the recovery of our costs as the verdict came in well under the offer of judgment. On the counterclaim for payment of amounts owed for fertilizing services, Northwest Fertilizer was awarded $116,791.65 plus post-judgment interest. Northwest Fertilizer admitted liability and served an offer of judgment at the outset of the case in the amount of $125,000. The demand by plaintiffs before trial was $225,000.
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