Roy Helton et al v. FMC Corporation

202 S.W.3d 490 (2005)
August 9, 2001
Final judgment
United States, Arkansas

Farmers, Technicians and Professional users, Landscape management companies
Roy Helton, Joyce Clifton and Ricky Clifton, Riddell Flying Service, Gibbons Flying Service
FMC Corporation, Agro Distribution, LLC, Land O’Lakes, Inc.
Brady Paddock, Anthony K. Bruster, Will Bond, Neil Chamberlin

Civil court
, Fury
Plaintiffs seek compensation for damages suffered as a result of the use of Fury Insecticide on their wheat.
Supreme Court of Arkansas, United States

February 3, 2005
Partially Positive
In first instance, the jury rendered a verdict in favor of the plaintiffs, apportioning fault as 10% to each plaintiff; 40% to Agro; and 50% to FMC. Clifton and Helton are awarded damages of + $500,000 each. It also awarded attorneys' fees in the amount of $233,572.50. These findings were partially overturned on appeal.

Following a visit by an FMC representative, plaintiffs had Fury insecticide sprayed on their wheat to protect it from armyworms’ infestation. But Fury was not authorized and the wheat was quarantined, causing significant economic losses. In first instance, the jury rendered a verdict in favor of the plaintiffs, apportioning fault as 10% to each plaintiff; 40% to Agro; and 50% to FMC. Clifton and Helton are awarded damages of + $500,000 each. It also awarded attorneys' fees in the amount of $233,572.50. These findings were partially overturned on appeal.