David represented two local farmers from Blackfoot, Idaho, against an aerial spray application company. The aerial applicator was flying a Piper PA25- Pawnee and spraying a chemical known as ForeFront over a cow pasture to get rid of Canadian Thistles. While spraying the pasture the pilot also sprayed the adjoining potato fields owned by the local farmers. Initially, it was impossible to determine what had caused the injury to the plants because the Forefront could not be detected in the growing potato plants without very sophisticated testing procedures.
However, the year following the application of the Forefront, other fields showed symptoms of injury and this time the sophisticated tests required to locate the ForeFront were performed, demonstrating that ForeFront was in the soil and in the crops and was the likely culprit. The aerial applicator denied all responsibility and forced the matter to trial. After a 2 week trial the jury found liability against the aerial applicator and awarded nearly $200,000.00 in damages.
David was very happy to help these farmers protect their crops and hold a careless aerial applicator accountable for its misconduct.