Cutler Law Firm attorney Mike Bornitz recently completed a jury trial against the Hartford Farmer’s Elevator. The Minnehaha County determined that the Hartford Farmer’s Elevator negligently applied chemicals to two fields, resulting in the death of over 200 nearby ponderosa pine trees. The jury found that the Hartford Farmer’s Elevator failed to follow the application instructions and that the trees died from the chemical spray drift. During the trial, soil and tree experts testified about the damaging effects that chemical spray drift poses when the application instructions are not followed. The homeowners were awarded $159,070.00 for damages associated with removing the dead trees, replacing them with new trees, and caring for the trees until they are established. The verdict came after a four-day jury trial.
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