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LIGOCKY v. WILCOX

No. 4442.

620 P.2d 1300 (1980)

Charles LIGOCKY, Plaintiff-Appellee, v. Ted WILCOX, Defendant-Appellee, Cross Appellant, v. Herbert STEWART, d/b/a Herb's Flying Service, Defendant-Appellant, v. JAMES MARCAK, SONO, INC., a Texas Corporation and Kalo Laboratories, Inc., a Missouri Corporation, Defendants-Cross Appellees.

Court of Appeals of New Mexico.

November 6, 1980.

Attorney(s) appearing for the Case

Larry Ramirez, Crouch, Valentine & Ramirez, Las Cruces, for defendant-appellant Stewart.

William L. Lutz, Martin, Martin, Lutz & Cresswell, Las Cruces, Gary Jeffreys, P.C., Deming, for defendant-appellee, cross appellant Wilcox.

Roy G. Hill, Smalley & Hill, Deming, for plaintiff-appellee.

C. Barry Crutchfield, Templeman & Crutchfield, Lovington, for defendants-cross appellees Marcak & Sono, Inc.

OPINION

WOOD, Chief Judge.

The herbicide, Defy, containing 2-4D, was applied to a milo field to kill weeds. Some adjacent cotton plants were damaged. The appeal involves: (1) liability of the supplier to the owner of the cotton on a theory of express warranty, and (2) liability of the person aerially applying the Defy to the owner of the cotton on a theory of strict liability.

Ligocky sued all the named defendants claiming his cotton had been damaged...

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