[Download] "Thomas Helicopters v. San Tan Ranches" by Supreme Court of Idaho No. 13191 # Book PDF Kindle ePub Free
eBook details
- Title: Thomas Helicopters v. San Tan Ranches
- Author : Supreme Court of Idaho No. 13191
- Release Date : January 09, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This appeal involves consolidated actions by San Tan Ranches claiming that its potato crop was damaged due to the negligent application of Sencor, a herbicide, by Thomas Helicopters, Inc., and Spray Rite, Inc., to certain potato fields farmed by San Tan Ranches. San Tan Ranches is a large partnership farming operation. In 1976 the partnership grew approximately 3,600 acres of potatoes, of which 1,383 acres are the subject of this suit. San Tan purchased approximately 2,480 pounds of Sencor in December, 1975. During the spring of 1976 the potato fields were prepared and planted. Application of the previously purchased Sencor was contracted out to Thomas Helicopters and Spray Rite, and performed during the early weeks of June, 1976. Subsequent to the application of the Sencor, it became apparent that there was a severe weed infestation, which occurred in noticeable strips in some of the fields. San Tan refused to pay Thomas Helicopters for the herbicide application, and Thomas Helicopters brought suit to collect its fee. San Tan counterclaimed for damages occurring from the weed infestation, asserting that the infestation was a result of Thomas Helicopters' negligence. In addition, San Tan brought suit against Spray Rite to recover damages under the same theory. The two cases were consolidated for trial. Apparently, it was then stipulated that San Tan Ranches would present its case on the counterclaim and that, should it lose, Thomas Helicopters could recover a judgment in the amount of $15,893.88 for work done. San Tan Ranches then presented its evidence. Thereafter, upon respondent's motion, the court directed a verdict in favor of Thomas Helicopters and Spray Rite pursuant to I.R.C.P. 50(a), stating in its order that [it] appearing as a matter of law that there is no substantial evidence which constitutes a prima facie case of negligence of Spray Rite, Inc., or Thomas Helicopters, Inc., that would justify submitting the case to the jury, nor any substantial evidence that San Tan Ranches could prove damages with any degree of reasonable certainty . . . it is hereby ordered that judgment should be entered in favor of [Spray Rite, Inc., and Thomas Helicopters, Inc.]. On appeal, San Tan argues that the evidence was sufficient to require a decision of the jury, and that the granting of a directed verdict was error.