G&M Farms v. Funk Irrigation Co.

As to the majority’s characterization of crop damage as economic damages, my vote is to concur but not with conviction or enthusiasm — but rather by way of giving some forewarning that future cases involving that philosophy will find me urging the Court to back away from denying damage awards in cases such as this — where recoverable economic losses are very often the major items of a plaintiff’s total loss. As to the summary judgment issue, I concur in the result but am somewhat troubled by some of what has been written.

In his specially concurring opinion, specifically the second paragraph,…