Alabama, Land of the Absurd. | If the facts are exactly as you state, your Dad owes the Sprayer Company (SC) nothing. In fact, he may have an action against them for trespass, and possibly damaging his property (driving over his crop, making ruts, contamination, etc.) and the threatening letter might be a tort also (intentional infliction of emotional distress, mental anguish, outrage, etc., depends on state law).This is for the second spray.
For the first spray, if, in fact, the SC did not use the contractually agreed upon formulation or sparying method, he could also sue them for that contractual breach or negligence (again, depends upon state law).
Your Dad might want to have his attorney call the SC first and advise them:
A. To not set foot on his property again, and;
B. That your Dad wants a refund for the first spray (assuming it was done incorrectly), and;
C. After receiving the refund, your Dad will then decide if he will pursue a suit for the remaining issues.
Good luck. |
Problem with local ag spraying company
