Renze Hybrids, Inc. v. Shell Oil Co.

McGIVERIN, Chief Justice.

This case arose out of the alleged failure of an insecticide produced by the defendant Shell Oil Company (Shell) to kill enough European corn borer larvae in the seed corn fields of plaintiff Renze Hybrids, Inc. (Renze), to avert economic loss. After the ensuing trial for breach of implied warranties, the jury found Shell 75% at fault for Renze’s crop losses. Shell now raises several issues upon appeal. Shell challenges four evidentiary rulings, submission to the jury of two theories of recovery, a jury instruction on an act of God defense, and the trial court’s…