(Reuters) – Bayer AG claimed in court papers that a jury trial in favor of a peach farmer in Missouri was based on a false premise because a private investigator he hired found that the farmer was still in business.
A jury in the U.S. District Court for the Eastern District of Missouri in February awarded Bill Bader, Missouri's largest peach farmer, $ 15 million in actual and $ 250 million in punitive damages. Mr Bader sued Bayer and its rival BASF SE, saying his 1,000-acre orchard was harmlessly damaged when herbicides made by companies drove his trees from nearby farms.
Bayer and BASF appealed against the judgment. The court application, dated Tuesday, said that the dicamba-based herbicides did not destroy the farm.
Bayer sent a private investigator this month to confirm that Mr. Bader's store sells peaches and his tree grew fruit, after watching a
Bayer fight a lot of lawsuits stemming from its $ 63 billion takeover of the seed and chemical company Monsanto 201
"The new evidence provided to The court clearly shows that Bader Agriculture's payment of $ 15 million in damages was based on the false assumption that the farm would be completely out of the peach industry by 2019, "Bayer said in a statement on Wednesday.
Bader's lawyers said in court documents that Bayer's filing should not be considered.
Attorney Billy Randles, whose firm represented Mr. Bader told Reuters: "We think it's ridiculous that Monsanto continues to raise media issues that they either lost in front of the jury or did not raise before the jury."
"Bader Farms sells some peaches, even though it has been destroyed by dicamba. "
Bayer said last month that it would pay up to $ 400 million to settle lawsuits, not including Mr Bader, which was brought by landowners who say their crops were damaged by neighbors who used Monsanto's dicamba-based weed killers. The product was allegedly folded away from the target field.
Bayer has also agreed to pay as much as $ 10.9 billion to resolve US lawsuits alleging that Monsanto's Roundup herbicides caused cancer.