During the week of September 24, 2017, Mark Thomas obtained a defense verdict in favor of Innovative Ag Services, Co. amidst allegations they failed to apply the herbicide Ignite according to its label to a portion of Plaintiff Joel Kurtenbach’s corn fields. Plaintiff alleged Innovative Ag Services, Co.’s off-label use resulted in financial damage caused by a reduced crop yield. Plaintiff’s claim was based on three alternate theories: (1) negligence; (2) breach of contract; and (3) breach of implied warranty of purpose in application of the herbicide. Through cross-examination and the presentation of evidence contradicting plaintiff’s assertions, defense was able to rebut plaintiff’s claims. On October 3, 2017, the jury awarded a defense verdict in favor of Innovative Ag Services, Co., rejecting all three of plaintiff’s liability theories.
Joel Kurtenbach, d/b/a Little Creek Farm v. Innovative Ag Services, Co. Case No. LACV005655