Truck Accident Lawyer News

LITTLE ROCK, AR – In a major ruling by the Arkansas State Supreme Court on December 8, 2011, it was ruled that a cap on punitive damages established by a 2003 law was unconstitutional.

The ruling arose out of a lawsuit between the German multinational corporation, Bayer, and Arkansas rice farmers that their rice crops had been contaminated by genetically modified rice.

The lawsuit, Bayer Cropscience LP v. Schafer, arose when trace amounts of genetically modified rice began to appear in the nation’s long-grain rice supply. The contamination was alleged to be traced back to negligence on Bayer’s part when conducting outdoor field tests. The contamination was detected about six months after the tests were conducted.

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An article at the website for American Association for Justice reports:

They alleged that Bayer CropScience and its predecessor, Aventis, devastated the rice industry by negligently contaminating the domestic long-grain rice supply with genetically modified rice, which is not approved for sale as food in the United States. Also, many countries that import American rice, including those in the European Union, prohibit genetically modified food. The U.S. Department of Agriculture discovered the contamination in 2006.

A downloadable PDF of the lawsuit filing can be found at the arkansas.gov website:
Bayer Cropscience LP v. Schafer, 2011 Ark. 518

It is our opinion that this court ruling has implications on other lawsuits involving punitive damages, including lawsuits involving commercial vehicles. With the cap on punitive damages in the 2003 law being struck down, this will surely have an effect on semi truck accident cases involving trucking companies and other providers.

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Truck Accident Lawyer News is a truck accident and personal injury blog that publishes up to date truck accident and truck legal news from across the United States. Arkansas cities with a high incidence of truck accidents and vehicle collisions that result in severe personal injuries and even death include Little Rock, Pine Bluff, and Fort Smith, to name a few.

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