Legal Opinion

Pride of San Juan, Inc. v. Pratt

Court of Appeals of Arizona

Decided January 29, 2009No. 1 CA-CV 07-0820PublishedCited by 2 opinions

1Opinion of the Court

OPINION

NORRIS, Judge.

¶ 1 The issue in this appeal is whether the application of pesticides from an airplane— “crop dusting” — is still an inherently dangerous activity in light of technological advances after this issue was first addressed by our supreme court in 1933. We hold, under the facts of this case, that crop dusting is still an inherently dangerous activity.

FACTS AND PROCEDURAL HISTORY

¶ 2 Loren Pratt, doing business as Loren Pratt Farms (“Pratt”), planted a 15-aere field of broccoli in Wellton, Arizona, in 2003. On an adjacent field, Pride of San Juan, Inc. (“San Juan”), owned mixed…

2Cases cited22 opinions

  1. Loe Et Ux v. LenhardOregon Supreme Court · 1961
  2. Ft. Lowell-NSS Ltd. Partnership v. KellyArizona Supreme Court · 1990
  3. E. L. Jones Construction Co. v. NolandArizona Supreme Court · 1970
  4. Emelwon, Inc. And Kaiel Thompson McAlister v. United States of AmericaCourt of Appeals for the Fifth Circuit · 1968
  5. State v. SmyersArizona Supreme Court · 2004

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3Cited by2 opinions

  1. Calyxt Incorporated v. Morris Ag Air & Sons IncorporatedDistrict Court, D. Arizona · 2024
  2. Johnson v. United States of AmericaDistrict Court, D. Arizona · 2021

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