Kleiss v. Bozdech

In April 2000, plaintiffs, Barry Kleiss and Robert Kleiss, d/b/a Kleiss Produce Farms, filed a complaint against defendants, William Bozdech and Todd Herbert, alleging that Bozdech’s and Herbert’s use of the herbicide 2,4-D caused damage to crops at Kleiss Farms. In March 2003, Bozdech filed a motion for summary judgment.

In July 2003, Kleiss Farms moved to voluntarily dismiss Herbert as a defendant, and the trial court granted the motion. Following a July 2003 hearing, the court granted Bozdech’s motion for summary judgment.

Kleiss Farms appeals, arguing that the trial court erred by granting…