Bayer is seeking to overturn a jury verdict and award of more than $250 million to a Missouri peach farmer who claimed one of the company's herbicides harmed his crop beyond repair.
In papers filed in federal court, the company claims the farmer, Bill Bader, is still in business and that the dicamba-based weed killer did not ruin his crop and business, as claimed.
The company hired a private investigator who visited the Bader's retail store in Campbell and found that it was still in business. According to the filing, company representatives had seen an advertisement for the business.
On that basis, the company claims the jury verdict was based on a false premise, according to a report by Reuters.
“The new evidence provided to the court clearly demonstrates that Bader Farm’s $15 million compensatory damages award was based on the false premise that the farm would be completely out of the peach business by 2019,” Bayer said in a statement.
Bader, the state's largest peach farmer earlier this year was awarded $15 million in actual damages plus an award of $250 million in punitive damages by a jury in the U.S. District Court for the Eastern District of Missouri.
The jury found that the crop was irreparably damaged after the dicamba-based herbicide drifted on to Bader's 1000-acre orchard. He also sued BASF SE. Bayer is involved in various lawsuits following its more than $60 billion take over of Monsanto, the original producer of the herbicide.
“We find it ridiculous that Monsanto persists in raising in the media matters that they either lost in front of the jury or did not raise before the jury," Bader's attorney Billy Randles told Reuters. “Bader Farms sells some peaches, even though it has been devastated by dicamba.”
Last month, Bayer announced a settlement was reached with various attorneys over lawsuits in connection with the use of the dicamba-based weed killer. It agreed to pay approximately $400 million.
That announcement was made at the same time the company said it would pay more than $10 billion to settle suits linked to its Round-up weed killer, which it is claimed caused cancer in users, notably non-Hodgkins lymphoma.