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MARTIN RISPENS & SON v. HALL FARMS, INC.

No. 14A01-9201-CV-00007.

601 N.E.2d 429 (1992)

MARTIN RISPENS & SON and Petoseed Company, Inc., Appellant-Defendants, v. HALL FARMS, INC., Appellee-Plaintiff.

Court of Appeals of Indiana, First District.

October 28, 1992.

Attorney(s) appearing for the Case

Michael Rosiello, Stanley C. Fickle, Jan M. Carroll, Barnes & Thornburg, Indianapolis, for appellant-defendants.

Paul B. Ledford, Vincennes, Stephen L. Williams, Mann, Chaney, Johnson, Goodwin & Williams, Terre Haute, for appellee-plaintiff.

BAKER, Judge.

Mark Hall has grown melons for 40 years, but in all his days he had never seen the likes of the disease which ravaged his 261 acre watermelon crop in 1989. Dubbed "watermelon fruit blotch," the disease — previously unknown in Indiana — destroyed much of Hall Farms's crop and allegedly cost it nearly $180,000 in lost profits, not to mention the damaged growing equipment and lost good will. Hall...

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