Etcheverry v. Tri-Ag Serv., Inc.

I dissent. Defendant Bayer Corporation (Bayer) manufactured and placed into the stream of our nation’s commerce chemical products that it (and the other defendants) represented were effective in destroying certain insect pests. Plaintiffs believed these assurances and applied the product to their orchards, allegedly causing thousands of dollars worth of damage. Plaintiffs then sought compensation for this damage to their property under legal doctrines long established in this state. In concluding plaintiffs are no longer entitled to seek this relief in our courts due to the asserted…