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Brown v. Hopkins2/29/1996
02/29/1996
On appeal from the 148th District Court of Nueces County, Texas.
O P I N I O N
This is an appeal from a take-nothing jury verdict in a personal injury case. Appellant, Patricia Brown, filed suit against Sidney Hopkins claiming that his negligence caused her harmful exposure to the "restricted-use" pesticide, BIDRIN 8. By ten points of error, appellant contends that the trial court erred. We affirm.
Patricia Brown was a research technician at the Texas A&M;University Agricultural Research and Extension Center (Center) located on Highway 44 in Nueces County. Brown tended the cotton, sorghum, and corn plants involved in the Center's research. Dr. John Benedict, a professor of entomology at the Center, supervised Brown. Hopkins, a graduate student working towards a Ph.D. degree in entomology, was also under Dr. Benedict's supervision.
On February 3, 1991, Hopkins sprayed a greenhouse cotton crop with BIDRIN 8, an organophosphate compound. Before spraying, Hopkins told Dr. Benedict that the cotton plants were infested with aphids, and they agreed that the plants should be sprayed with BIDRIN 8. Although Hopkins is licensed by the State of Texas to apply "restricted-use" pesticides, including BIDRIN 8, he contends that he was acting under Dr. Benedict's direction, control, and applicator license. Dr. Benedict agrees with Hopkins.
The solution strength of BIDRIN 8 that was ordered by Dr. Benedict was disputed. Dr. Benedict believes that, in accordance with labeling requirements, he ordered a solution of ten milliliters of BIDRIN 8 for each gallon of water. However, Hopkins and Brian Brown, a former employee of the Center, testified that they heard Dr. Benedict order a solution of ten ounces of BIDRIN 8 for each gallon of water. The BIDRIN 8 solution that was sprayed on the greenhouse cotton crop was estimated to be thirty times more concentrated than legally allowed by federal and state laws.
Brown claims that Hopkins also failed to post a required warning sign on the outside of the greenhouse. Hopkins and others contend that a sign was posted as required and that the greenhouse was locked.
On the afternoon of February 4, 1991, Brown entered the greenhouse to check the cotton plants. Brown testified that she was in the greenhouse for about an hour when she began to feel dizzy and short of breath. She returned to her office and told another supervisor that she felt a little strange. At Dr. Benedict's suggestion, Brown remained at the Center until she felt well enough to drive herself home. Although she had a headache, Brown returned to work the next day. Brown found out that the cotton plants were sprayed with BIDRIN 8 sometime after she returned to work. Hopkins contends that Brown was told immediately after she became ill that the cotton plants had been sprayed with BIDRIN 8. Brown did not consult a doctor for some time after the incident.
On July 18, 1991, Brown ended her six-month probationary period at the Center. An evaluation, performed by Dr. Benedict, noted 1) that Brown had a difficult time interacting with other people and 2) that she was very sensitive. A decision to terminate Brown's employment was made and she was informed. At her request, Brown was given a second chance. Two days later, she filed a number of grievances with the University, including, for the first time, a formal complaint against Dr. Benedict for her exposure to BIDRIN 8. In the complaint, Brown made it clear that she believed Dr. Benedict was responsible for Hopkins' actions.
Brown continued working at the Center until November 1991, when the Center was scheduled to spray crops with an org
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