Ernest v. Faler

The opinion of the court was delivered by

Prager, J.:

This is an action to recover damages resulting from alleged negligence in the application of a chemical pesticide by an aerial sprayer, the defendant-appellee, Robert D. Faler, who operates Bob Faler Aerial Spray Service. On June 4, 1982, the defendant sprayed a pesticide on real property adjacent to the property of the plaintiff, Bill Ernest, in Montgomery County. In his petition, plaintiff alleged that some of the chemical spray drifted over to plaintiff s real estate and caused damage to growing walnut trees in an amount in excess of…