Simmons v. Ciba-Geigy Corporation

Ness, Justice:

This is an action for breach of express and implied warranties brought by respondents Simmons. Appellant CIBA-GEIGY Corporation asserts the trial court erred in failing to grant its motion for judgment notwithstanding the verdict or for a new trial. We disagree and affirm.

Respondents purchased certain herbicides manufactured by appellant for farm use. They claim the herbicides failed to effectively control crabgrass, causing a poor crop yield. The jury returned a verdict for respondents for $9,500.00.

On motions for judgment notwithstanding the verdict or for a new trial, the…