United States Seventh Circuit

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Clifford v. Crop Prod. Serv., Inc., 10-1377

In a corn farmer's negligence suit against a supplier of herbicides, district court's grant of defendant's motion for summary judgment is affirmed where: 1) a trier of fact could not reasonably infer from plaintiff's witness's testimony that defendant was the source of the glyphosate; 2) plaintiff failed to produce any evidence identifying the precaution that defendant failed to take, the cost of that precaution, and the expected cost of the accident that the precaution was designed to prevent; and 3) this is not a proper case for res ipsa loquitur as plaintiff failed to produce some evidence about the dangers of glyphosate contamination.

Appellate Information

  • Argued 10/18/2010
  • Decided 11/29/2010
  • Published 11/29/2010

Judges

  • ADELMAN

Court

  • United States Seventh Circuit

Counsel