Products Liability Law Reporter
Agricultural Products
You must be a Products Liability Law Reporter subscriber to access this content.
If you are a member of the Products Liability Section or a subscriber, log in below. Not yet a Section member? Join today!
Join the Products Liability SectionAlready a subscriber? Log in
Contaminated herbicide
August/September 2022Wheat farmers Bryan and Russell Hoesel purchased a 260-gallon shuttle of WideMatch, a grain herbicide, from Central Dakota Frontier Cooperative. Unbeknownst to the farmers, the WideMatch and the WideMatch shuttle were contaminated with glyphosate. Their crops suffered chemical injury and stunted growth.
The Hoesels sued Central Dakota Frontier Cooperative, alleging strict liability, negligence, breach of contract, breach of warranty, misrepresentation, and fraud. Among other things, the plaintiffs asserted that the contamination resulted in lost wheat crops, additional seed costs, and extra work hours. The defendant owed a duty to supply the WideMatch in an uncontaminated condition and a duty to warn of the contamination, the plaintiffs claimed.
The jury awarded more than $429,500.
Citation: Hoesel v. Central Dakota Frontier Coop., No. 30-2019-CV-02659 (N.D. Dist. Ct. Morton Cty. Dec. 10, 2021).
Plaintiff counsel: Randall J. Bakke and Shawn A. Grinolds, both of Bismarck, N.D.
