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Contracts Keyed to Kuney
Adams v. American Cyanamid Co.
Citation:
1 Neb. App. 337, 498 N.W.2d 577 (1992).Facts
American Cyanamide was the manufacturer of the Prowl herbicide. In 1989, the Adamses planned to grow 860 acres of beans. In preparation, the plaintiffs sought the services of Servi-Tech crop consultants to inspect their fields and make recommendations regarding fertilizers, herbicides and seeds. Ultimately, a combination of Eptam and Prowl herbicides was recommended. The Prowl herbicide destroyed plants by causing swelling to the plant’s main root system, whereas Eptam affected the plant’s leaves. While the Adamses’ bean crop grew well at first, within a month the beans began to look weakened. Only the beans in a strip where no herbicide had been applied due to the irrigation machinery, and another herbicide-free field, flourished. At trial, the Adamses expert excluded the possibility that Eptam was the cause of the damage to the beans whereas American Cyanamide’s expert testified that the cause of the damage to beans root system was due to the quality of the irrigation water.
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