Malensky v. Mobay Chemical Corp.

Plaintiff, a raspberry grower, sued the maker and sellers of Metasystox R (“MSR”), an insecticide that plaintiff alleged damaged his black raspberry crop in 1984 by repelling bees essential to pollination. His claims were for fraud, negligence and products liability. Judgment was entered for plaintiff on a jury verdict. Defendants’ motion for judgment notwithstanding the verdict was allowed, and plaintiff appeals. We reverse.

In reviewing a judgment n.o.v., we must reinstate the jury verdict unless we can say affirmatively that there is no evidence to support it. Ragnone v. Portland School…