JACOBS FARM/DEL CABO, INC V. WESTERN FARM SERVICE, INC Part-I
Plaintiff Jacobs Farm/Del Cabo, Inc. (Jacobs), sued defendant Western Farm Service, Inc. (Western Farm), alleging that pesticides defendant applied to fields near plaintiff's farm migrated to plaintiff's land, contaminated plaintiff's crop, and rendered the crop unmarketable. Plaintiff sued defendant for crop losses it suffered in 2006 and for an injunction to prevent further pesticide applications in 2007. By the time of trial in 2008, the injunction issue was moot; both the 2006 and the 2007 crops had been contaminated by the migrating pesticide. A jury found defendant liable in negligence, trespass, and nuisance and awarded plaintiff $1 million for the 2007 loss but nothing for 2006.
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