(Download) "Laidlaw Transportation Inc. v. Helena Chemical Co." by Appellate Division, Fourth Department, New York Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Laidlaw Transportation Inc. v. Helena Chemical Co.
- Author : Appellate Division, Fourth Department, New York Supreme Court
- Release Date : January 13, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs are engaged in the business of providing lawn and tree services to residential and commercial customers in the central New York area. In 1989, an isolated group of plaintiffs customers sustained extensive damage to their trees and shrubs after plaintiffs sprayed them with Sunspray 6E, a "dormant oil" that kills pests by suffocating them during their dormant phase. The dormant oil was manufactured by third-party defendant Sun Refining and Marketing Company (Sun) and then sold in bulk to defendant, Helena Chemical Company (Helena), a distributor, which repackaged the oil in 55-gallon drums. The drums had been reconditioned by third-party defendant Kaplan Container Corp. (Kaplan). Helena sold the oil to plaintiffs. Upon delivery of the oil, plaintiffs employees signed a Helena "delivery ticket" containing language limiting the sellers warranties and also limiting the sellers liability to the price of the goods that caused the alleged damages. When spraying the oil, which was supposed to be clear-colored, plaintiffs employees noticed that some of the oil had a greenish tint that resembled the color of antifreeze or Irish green beer. After the oil was applied, it caused extensive damage to the trees and shrubs. The oil was subsequently tested by various experts. Plaintiffs expert concluded that the damage was caused by either an insufficient amount of added emulsifier by the manufacturer or a contaminant in the oil.
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