Hagen v. Dow Chemical Co.

Harold and Maiy Hagen filed suit in the District Court for the Fifth Judicial District in Madison County, to recover damages sustained when over 8000 pounds of fish died subsequent to the Madison County Weed Management District’s application of a weed poison adjacent to the ditch which supplied water to the Hagens’ fish farm. The Hagens appeal from the District Court’s order granting summary judgment in favor of the Weed District and Dow Chemical Company. The District Court concluded that the Hagens failed to submit sufficient evidence to establish that exposure to the weed poison caused the…