FRESNO – Farm owners allege parts of their grape crop were damaged because of an herbicide applied by a railroad company.
Rosalie Gonzales, Orlando Gonzales and Gonzales Farms filed a complaint on Oct. 11 in the Fresno County Superior Court against BNSF Railway Co. and Does 1 to 10 alleging negligence, trespass and nuisance.
According to the complaint, the plaintiffs own parcels in Fresno County where table grapes are grown and that these parcels are located along railroad tracks. They allege in 2016, they noticed damage to certain areas of grapes and had testing done.
After conducting investigation, the plaintiffs claim that the damages were allegedly due to application of 2,4-D, an herbicide that was used by the defendant for weed control.
The plaintiffs hold BNSF Railway Co. and Does 1 to 10 responsible because the defendant allegedly failed to take reasonable precautions to prevent drift of the herbicide onto plaintiffs' property.
The plaintiffs request a trial by jury and seek judgment for damages, diminution in the market value of the real property, costs of suit, interest, and for such and further damages as the court permits in the action. They are represented by Edward L. Fanucchi of Quinlan, Kershaw & Fanucchi LLP in Fresno.
Fresno County Superior Court case number 18CECG03784