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DEACON v. AMERICAN PLANT FOOD CORP.

No. 85CA1457.

782 P.2d 861 (1989)

S.G. DEACON, Plaintiff-Appellee and Cross-Appellant, v. AMERICAN PLANT FOOD CORPORATION, and Stone's Farm Supply, Inc., Defendants-Appellants and Cross-Appellees. HILDORN, INC.; Bond-Metz Farms, Inc.; Kenneth Metz; Robert Metz; and Ronald Peterson, Plaintiffs-Appellees and Cross-Appellants, v. AMERICAN PLANT FOOD CORPORATION, and Stone's Farm Supply, Inc., Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing October 26, 1989.

Attorney(s) appearing for the Case

Lucero, Kadinger & Lester, Carlos F. Lucero and Helen Sigmond, Alamosa, for plaintiffs-appellees and cross-appellants S.G. Deacon, Hildorn, Inc., Bond-Metz Farms, Inc., Kenneth Metz, Robert Metz and Ronald Peterson.

Sherman & Howard, Joseph J. Bronesky, Denver, for defendant-appellant and cross-appellee American Plant Food Corp.

Rector, Retherford, Mullen & Johnson, J. Stephen Mullen, Neil C. Bruce and Michael R. Waters, Colorado Springs, for defendant-appellant and cross-appellee Stone's Farm Supply, Inc.

Opinion by Chief Judge KELLY.

The defendants, American Plant Food Corporation and Stone's Farm Supply, Inc., appeal the judgment of the trial court awarding damages to the plaintiffs for injury to their potato crops. American argues, among other things, that the trial court erred in finding it strictly liable for the plaintiffs' injuries. Stone's contends that the trial court erred in applying the doctrine of negligence per se, and in finding that Stone's breached...

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