18 Feb Jury awards $265 million to Missouri farmer in weedkiller “drift” case
Dicamba | KMOX | Michael Calhoun | Feb 18, 2020
—
Chemical ‘dicamba’ can be blown to nearby fields and kill unprotected crops
ST. LOUIS (KMOX) — The number is eye-popping: a Missouri jury awarded $265 million to a Bootheel-area farmer who says he lost his peach crop because a neighbor used a weedkiller.
After grappling with numerous lawsuits involving its Roundup weed killer, this is another challenge for Creve Coeur-based Bayer Crop Science.
Bayer says it’s disappointed in the jury’s verdict and plans to appeal.
Jurors decided to believe the argument that BASF along with Bayer, the new owner of Monsanto, both knew that the chemical ‘dicamba’ can be blown to nearby fields and kill unprotected crops, especially during spring and summer seasons.
“Dicamba will volatilize, move off target, and it’ll settle”
“Normally, you have a drift case when one farmer sprays a little and it ends up on another field. That’s applicator error and that’s the farmer’s fault,” plaintiff attorney Paul Lesko explains. “But here, no matter what a farmer does, it’s our allegations that if you apply the product, follow all the labels, do all the instructions, the dicamba will volatilize, move off target, and it’ll settle.”
$15 million of the judgment was to compensate the peach farm’s owners for lost business. The remaining $250 million was punitive, resulting from what Lesko calls “corporate misconduct.”
“The jury saw internal documents from BASF and Monsanto and wanted to send a message,” he said.
The case of Bader Peach Farms, near Cape Girardeau, is one of about 130 dicamba lawsuits. Lesko says they’re deciding whether to try for class action status.
FREE Consultation | 314-833-4827
Dicamba Drift Lawyers at Peiffer Wolf Carr & Kane are fighting on behalf of farmers and landowners to seek maximum compensation for the damages suffered due to Dicamba. If you suspect that your crops or plants have been damaged by dicamba, contact Peiffer Wolf Carr & Kane by filling out a Contact Form or by calling 314-833-4827 for a FREE Consultation.