Sidran v. E.I. Dupont De Nemours & Co.

On Rehearing Denied

Before COPE, C.J., and LEVY and SUAREZ *, JJ.

Dupont has moved for rehearing, contending that we misunderstood theories of defense and applied incorrect legal standards. We deny rehearing, but clarify our reasons for reversing the judgment.

The Sidrans used Benlate DF from 1988 through February 1991. As explained in the initial opinion, the plants’ health declined during this period of time.

In May 1991, the Sidrans received a notice from Dupont indicating that Benlate DF had been recalled. The recall notice stated, in part:

The recall was initiated because trace levels of…