South Dakota Supreme Court reinstates farmer's claim against neighbor over damaged crops
McCook County farmer alleged soybean damage after neighbor sprayed chemicals in high heat, winds
The South Dakota Supreme Court reinstated a McCook County farmer’s lawsuit against his neighbor Thursday, reversing a lower court decision that dismissed his case.
Kevin Jucht sued Nathan Schulz alleging damages to his soybean crops after Schulz sprayed his crops with a chemical spray on adjacent land. Prior to spraying the crops, Schulz called Jucht to inquire what type of crops Jucht had planted. At the time of the call on June 24, 2022, it was 11:02 a.m., the temperature was 92 degrees and winds were 15 mph.
Schulz concluded spraying at about 6 p.m. At that point, the temperature was 98 degrees and winds were at 25 mph. Jucht alleged that Schulz’s spray drifted onto his soybeans, causing severer damages to his soybeans that resulted in diminished yields.
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