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SPYCHALLA FARMS v. HOPKINS AGR. CHEM.

No. 87-1942.

151 Wis.2d 431 (1989)

444 N.W.2d 743

TONY SPYCHALLA FARMS, INC., Plaintiff-Respondent-Cross Appellant, v. HOPKINS AGRICULTURAL CHEMICAL COMPANY and Agri-Chem Insurance Company, Ltd., Defendants-Appellants-Cross Respondents.

Court of Appeals of Wisconsin.

Decided June 20, 1989.

Attorney(s) appearing for the Case

For defendants-appellants-cross respondents there were briefs and oral argument by Russell T. Golla of Anderson, Shannon, O'Brien, Rice & Bertz, Stevens Point.

For plaintiff-respondent-cross appellant there were briefs and oral argument by Joseph J. Beisenstein of Menn, Nelson, Sharratt, Teetaert & Beisenstein, Ltd., Appleton.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

Hopkins Agricultural Chemical Company appeals a judgment awarding Tony Spychalla Farms, Inc., $227,050 under a strict liability theory for damages to seed potatoes caused by Captan dust that Hopkins manufactured. Hopkins asserts that Spychalla cannot recover in strict liability for damage to property and that Spychalla does not have a cause of action for economic damages based upon loss of expectation of performance of Hopkins' product. Hopkins also raises...

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