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Adams v. American Cyanamid Co.
Nebraska Court of Appeals
498 N.W.2d 577 (1992)
William and Carol Adams (plaintiffs) purchased Prowl herbicide, manufactured by American Cyanamid Company (American Cyanamid) (defendant), and applied it to most of their bean fields. The plants to which Prowl was applied died. The Adamses sued American Cyanamid, based on theories of strict liability and breach of the implied warranty of merchantability. At trial, the Adamses called a professor who testified that the injury to the plants was caused by a substance contained in Prowl. American Cyanamid called a soil-testing expert who testified that the injury was caused by the quality of the water used to irrigate the fields. The trial court denied American Cyanamid’s motion for a directed verdict, and the jury entered a verdict for the Adamses against American Cyanamid for $193,500, the amount of the lost crop. The trial court also denied American Cyanamid’s motion for judgment notwithstanding the verdict. American Cyanamid appealed.
Rule of Law
Holding and Reasoning (Connolly, J.)
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