$12.3 Million Verdict Against World's Largest Chemical Company, DuPont, Won by Krupnick Campbell Malone Roselli, of Fort Lauderdale on Behalf of Ecuadorian Shrimp Business, Aquamar, S.A.

Business, Legal & Environmental Editors

FORT LAUDERDALE, Fla.--(BUSINESS WIRE)--Feb. 28, 2001

An Ecuadorian shrimp farming enterprise, Aquamar, S.A., won a $12.3 million verdict in a five-week trial against chemical maker DuPont (NYSE:DD) that alleged that the DuPont fungicide Benlate(R) alone and with other fungicides used in combination negligently impacted the shrimp production in Ecuador. The plaintiff claimed the fungicides used on the banana plantations in Ecuador ran off into the shrimp farm and poisoned them, thus reducing the shrimp harvest.

Allegations were that DuPont Benlate(R) and its breakdown products alone and other fungicides used in combination with Benlate(R) from other chemical manufacturers ran off from the banana farms. Aquamar, who used that water, was affected by the run-off that contained the fungicide, poisoning and damaging their shrimp-producing ability. The plaintiff, Aquamar, also claimed the shrimp's exposure to these poisonous chemicals weakened the shrimp, making them more susceptible to disease.

Aquamar, S.A., a major shrimp farming corporation, was awarded $12,335,475 by a jury that found the defendant, E. I. Du Pont de Nemours and Company, Inc., more commonly referred to as DuPont, negligent. The jury also ruled that the Statute of Limitations did not bar Aquamar's claim and that Aquamar reasonably attempted to mitigate its damages. With legal issues still pending regarding attorney's fees, prejudgment interest and costs, the total judgment may approach $23 million. Twenty-seven more cases remain. The case was tried in the 17th Judicial Circuit Court of Broward County at the satellite courthouse in Hollywood. This is the second verdict against DuPont in the past three months on these issues. The first verdict of over $10 million, which ended up having a final judgment entered in excess of $14 million, was named the largest verdict in Broward County in 2000, according to the sources of the Daily Business Review.

This case has important implications for Florida, since a significant portion of the shrimp Floridians eat comes from Ecuador and the negligence of chemical companies like DuPont can reduce seafood supply and increase prices.

Joint lead attorneys Senator Walter G. "Skip" Campbell and his partner, Robert J. McKee, represented the plaintiffs from the Fort Lauderdale law firm of Krupnick Campbell Malone Roselli Buser Slama Hancock McNelis Liberman & McKee. Associate Ivan Cabrera was invaluable to the case. This trial team will be continuing to represent the interests of shrimp farmers in the remaining 27 cases of Ecuadorian growers. It is likely that the next trial will be scheduled in the summer of 2001.

Ecuador is the third largest producer of shrimp in the world. Shrimp farming is also the third largest income producer for Ecuador and employs over 200,000 people in that country.

This jury verdict should cause a change in the way Benlate(R) and the other fungicides are marketed and used. If the guidelines for use consider the impact on the environment, farmers should be able to produce more shrimp with the supply going up and prices coming down.

Krupnick Campbell partner Robert J. McKee says, "I hope that this litigation raises awareness among corporations of the fragile nature of the environment. All companies must be accountable and responsible for their actions and the harm their products cause to the environment."

In a previous suit, the law firm of Krupnick Campbell sued Dupont on behalf of farmers worldwide, including Florida, for damages to crops in 1994. Krupnick Campbell Malone Roselli filed more than half the total number of worldwide lawsuits against DuPont for that disaster. After taking two cases through almost six months of trial to successful verdicts, Krupnick Campbell obtained settlements for all their clients, totaling in excess of $200 million.

Aquamar is a leading aquaculture company from Ecuador, leading the way in sustainable farming of fisheries products, including shrimp and tilapia.