Jury Verdict For DuPont Pioneer Lawsuit

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ORIGINAL
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII
JIM AANA, et al., on behalf
of themselves and all others
similarly situated,
CIVIL NO. 12-00231 LEK-BMK

CIVIL NO. 12-00665 LEK-BMK
Plaintiffs,
vs.
PIONEER _ HI-BRED
INTERNATIONAL, INC., a DuPont
Business and Iowa
Corporation, GAY & ROBINSON,
INC., a Hawaii corporation;
ROBINSON FAMILY PARTNERS, a
general partnership
registered in Hawaii; and DOE
DEFENDANTS 1-10,
IN THE
UNITED STATES DISTRICT COURT
DISTRICT OF' HAWAII
MAY 8 2015
at_o'clock and
min
SUE BEITIA:ClERK
Defendants.
JEFFREY CASEY, et al., on
behalf themselves and all
others similarly situated,
Plaintiffs,
vs.
PIONEER HI-BRED
INTERNATIONAL, INC., et al.,
Defendants.
SPECIAL VERDICT FORM
You may read the entire verdict form before answering the
questions.
You must answer all of the questions, unless
otherwise indicated.
Follow all directions.
Answer the questions in numerical order.

After you have answered all required
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questions, the foreperson shall sign and date the Special Verdict
Form, inform the Court that a verdict has been reached, and
contact the bailiff.
We, the jury, answer the questions submitted to all of us as
follows:
1.
With respect to all claims, did Plaintiffs prove by a
preponderance of the evidence that Pioneer failed to follow

generally accepted agricultural and management practices after
December 13, 2009?
Answer:
Yes
/No
If your answer to question 1 is "yes", then go to question 2.

your answer to question 1 is "no", please stop.
The foreperson
should sign and date this form, and call the bailiff.
2.
During what period of time after December 13, 2009 did
Pioneer fail to follow generally accepted agricultural and

management practices?
Answer:
Starting from

3.
(-Please state the period of time)
J)ecvr,he;r
I 3, z.o()t
to
Dec. ember :311 < 0 J/
proceed to answer question 3.

Did each Plaintiff prove by a preponderance of the
evidence that Pioneer's farming operation was a legal cause of

damage to each of them?
If
111888888777333
Answer:
Yes
X
'/-
No
Edwin Dela Cruz
Yes
No
Kristine Del a Cruz
Yes
--
1-
No
Eric Erdmann
Yes
_$___
No
Shelby-Ann Erdmann
Yes
L_
No
Mitsuko Ho'okano
Yes
_:__
No
Michael Kunselman
Yes
'1-
No
Vivian Kunselman
Yes
Allen Arquette
Yes
Susan Arquette
--
No
No
No
James McGihon
Yes
_l_
X
Dionis McGihon
Yes
No
Dennis Okihara
Yes
__L
No
Michael Stephenson
Yes
Gary Underwood
Yes
_'L_
No
Ann Marie Underwood
Yes
__'L_
No
Giuseppe "Jo" Gerek-King Yes
No
No
_L
If your answer to question 3 is "yes" as to any Plaintiff, then

proceed to answer question 4, but only as to each Plaintiff for
whom you answered "yes" to question 3.
If your answer to
question 3 is "no" as to each and every Plaintiff, please stop.

The foreperson should sign and date this form, and call the
bailiff.
111888888777444
4.
With respect to the Trespass claim, did each Plaintiff
prove by a preponderance of the evidence that

a.
each owned, leased, occupied or controlled the
property?
Answer:
__
Allen Arquette
Yes
No
Susan Arquette
Yes
Edwin Dela Cruz
Yes
Kristine Dela Cruz
Yes
__i_
X
Eric Erdmann
Yes
';(
Shelby-Ann Erdmann
Yes
Mitsuko Ho'okano
Yes
>(
No
Michael Kunselman
Yes
/(
No
Vivian Kunselman
Yes
___X_
No
No
No
No
No
No
No
James McGihon
Yes
No
Dionis McGihon
Yes
'X
No
Dennis Okihara
Yes
No
Michael Stephenson
Yes
Gary Underwood
Yes
_L_
No
Ann Marie Underwood
Yes
No
No
_i_
If your answer to question 4(a) is "yes" as to any Plaintiff,

then proceed to answer question 4(b), but only as to each
Plaintiff for whom you answered "yes" to question 4(a).
If your
111888888777555
answer to question 4(a) is "no" as to any Plaintiff, then state

"N/A" after ihat Plaintiff's name in response to question 4(b).
b.
did not give permission for the entry of dust from
Pioneer's farming operation?

Answer:
Allen Arquette
Yes
__:__
No
Susan Arquette
Yes
1-.
No
Edwin Dela Cruz
Yes
_L
No
Kristine Dela Cruz
Yes
_L
No
Eric Erdmann
Yes
__X_
No
Shelby-Ann Erdmann
Yes
__L_
No
Mitsuko Ho'okano
Yes
_:L
No
Michael Kunselman
Yes
;(
No
Vivian Kunselman
Yes ____6_
No
No
James McGihon
Yes __X_
Dionis McGihon
Yes
>(
No
Dennis Okihara
Yes
No
Michael Stephenson
Yes
Gary Underwood
Yes
1_
No
Ann Marie Underwood
Yes
f..
No
No
No
Please proceed to answer question 5.

5.
With respect to the Nuisance claim, did each Plaintiff
prove by a preponderance of the evidence that:
111888888777666
a.
each Plaintiff owned, controlled or occupied his or
her property?
Answer:
Allen Arquette
Yes
1_
No
Susan Arquette
Yes
___'25__
No
Edwin Dela Cruz
Yes
No
Kristine Dela Cruz
Yes
No
Eric Erdmann
Yes
___x_
No
Shelby-Ann Erdmann
Yes _____X_
No
Mitsuko Ho'okano
Yes
__
No
Michael Kunselman
Yes
No
Vivian Kunselman
Yes
No
No
James McGihon
Yes
No
Dionis McGihon
Yes
No
Dennis Okihara
Yes
Michael Stephenson
Yes
Gary Underwood
Yes
Ann Marie Underwood
Yes ____)S,_
'f...
No
No
)(
L_
No
No
If your answer to question 5(a) is "yes" as to any Plaintiff,

then proceed to answer question 5(b), but only as to each
Plaintiff for whom you answered "yes" to question 5(a).
If your
answer to question 5(a) is "no" as to any Plaintiff, then state

"N/A" after that Plaintiff's name in response to questions 5(b)
111888888777777
and 5 (c).
b.
Pioneer's conduct was a legal cause in
significantly interfering with each Plaintiff's use and enjoyment

of his or her property?
Answer:
Allen Arquette
Yes
><
No
Susan Arquette
Yes
No
Edwin Del a Cruz
Yes
><
No
Kristine Del a Cruz
Yes
____x_
No
Eric Erdmann
Yes
No
Shelby-Ann Erdmann
Yes
1:_
No
Mitsuko Ho'okano
Yes
No
Michael Kunselman
Yes _X_
Vivian Kunselman
Yes
No
;>(
No
James McGihon
Yes
)(
No
Dionis McGihon
Yes
/(
No
Dennis Okihara
Yes ____:b_
No
Michael Stephenson
Yes
No
Gary Underwood
Yes
No
Ann Marie Underwood
Yes ____:_
No
If your answer to question 5 (b)
No
tJ/A
is "yes" as to any Plaintiff,
then proceed to answer question 5 (c) but only as to each

Plaintiff for whom you answered "yes" to questions 5 (b). If your
111888888777888
answer to question 5(b) is "no" as to any Plaintiff, then state

"N/A" after that Plaintiff's name in response to question 5(c).
c.
the seriousness of the harm to each Plaintiff
outweighs the public benefit of Pioneer's farming operation .

Answer:
Allen Arquette
Yes
__:i_
No
Susan Arquette
Yes
No
Edwin Dela Cruz
Yes
No
Kristine Dela Cruz
Yes ___15;_
No
Eric Erdmann
Yes ----.6_
No
Shelby-Ann Erdmann
Yes
L_
No
Mitsuko Ho'okano
Yes
No
Michael Kunselman
Yes
No
Vivian Kunselman
Yes
No
No
James McGihon
Yes
No
Dionis McGihon
Yes
No
Dennis Okihara
Yes
No
Michael Stephenson
Yes
No ___25_
Gary Underwood
Yes
Ann Marie Underwood

No
No
If you answered "yes" to questions 5(a), S(b) and 5(c) as to any

Plaintiff, please proceed to answer question 6 with a dollar
amount as to that Plaintiff.
111888888777999
6.
For each Plaintiff, please state the dollar amount of
reasonable damages that you award to each Plaintiff for property

damage:
Answer:
Allen Arquette
llR) 3 5" I . '?D
Susan Arquette
Edwin Dela Cruz
Z5", 532 .
Kristine Dela Cruz
25, tJ31,
Eric Erdmann
13 1 )1>Lj 50
Shelby-Ann Erdmann
I?
Mitsuko Ho'okano
$5,., OS'C2>-50
Michael Kunselman
$ (p,
V 351 5' 0
1
3 8'lj. 70
lt.tl
Vivian Kunselman
Giuseppe "Jo" Gerek-King $
James McGihon
Dionis McGihon
Dennis Okihara
Michael Stephenson
Gary Underwood
Ann Marie Underwood
"150

For any Plaintiff for whom you have stated an amount, please
proceed to answer question 7.
111888888888000
7.
Please state the dollar amount of reasonable damages
that you award to each Plaintiff for loss of use and enjoyment of
property:
Answer:
J8 I
Allen Arquette
Susan Arquette
Edwin Dela Cruz
Kristine Dela Cruz
18 5"75
I ;; 75
I e 57 5"
Eric Erdmann
18, !77S
Shelby-Ann Erdmann
I e) 57 5"
Mitsuko Ho'okano
$
Michael Kunselman
1
Vivian Kunselman
18/515

1'50
515
3] , 15 0
James McGihon
$ /
Dionis McGihon
Dennis Okihara
Michael Stephenson
$ ____
Gary Underwood

I 8, 515
Ann Marie Underwood
/9 1 715"
515
16; 51 5"
'
B1 5 7'5
For each Plaintiff for whom you have stated a dollar amount,
please proceed to answer question 8.
10
111888888888111
8.
Did each Plaintiff mitigate his or her damages?

Answer:
Allen Arquette
Yes
'J
No
Susan Arquette
Yes
1_
No
Edwin Dela Cruz
Yes
_____:f_
No
Kristine Dela Cruz
Yes
___1:__
No
Eric Erdmann
Yes
___i__
No
Shelby-Ann Erdmann
Yes
____2S._
No
Mitsuko Ho'okano
Yes _________
No
Michael Kunselman
Yes
No
Vivian Kunselman
Yes
No
No
James McGihon
Yes
No
Dionis McGihon
Yes
No
Dennis Okihara
Yes
No
Michael Stephenson
Yes
Gary Underwood
Yes
No
Ann Marie Underwood
Yes
No
If you answered "no" as to any Pl aintiff, please proceed to

answer question 9 as to that Plaintiff.
If you answered "yes" as
to any Plaintiff, then state "N/A" as to that Plaintiff in your

answers to question 9.
11
111888888888222
9.
Please state the amount by which that Plaintiff did not
mitigate his or her damages:

Allen Arquette
Susan Arquette
Edwin Dela Cruz
Kristine Del a Cruz
0
0
Eric Erdmann
Shelby-Ann Erdmann
Mitsuko Ho'okano
Michael Kunselman
Vivian Kunselman
0
0
James McGihon
Dionis McGihon
Dennis Okihara
Michael Stephenson
f\i(A
Gary Underwood
Ann Marie Underwood
12
0
0
111888888888333
10.
Was there another legal cause or causes in addition to
Pioneer's farming operation that caused damages to any of the

Plaintiffs?
Answer:
Yes
No__:i___

11.
What percentage do you find is attributed to each legal
cause of each Plaintiff's damages?

Allen and Susan Arquette
Answer:
I oo
Pioneer
Other legal cause(s)
-----
I 00
TOTAL
____!__ _ __
o/o
100% (Total must equal 100%)
Edwin and Kristine Dela Cruz

Answer:
Pioneer
__L_f_O_O_%
-----
I oO'%,
TOTAL
13
111888888888444
Eric and Shelby-Ann Erdmann

Answer:
/00
Pioneer
/00%,
TOTAL
Mitsuko Ho'okano
!00
Pioneer
90
(00%
TOTAL
Michael and Vivian Kunselman

Answer:
Pioneer
_____.____/0:__0__%
----
/00
TOTAL
'Yo
Giuseppe "Jo" Gerek-King

Answer:
Pioneer
oo
---'---
----
%
%
/00%
TOTAL
100% (Total must equal 100%
14
111888888888555
James and Dionis McGihon

Answer:
Pioneer
__._/-=-0-=0_%
----
TOTAL
Dennis Okihara
Answer:
Pioneer
----
/OV 10
TOTAL
Michael Stephenson
Answer:
N/A
%
Pioneer
TOTAL
----
Gary and Ann Marie Underwood

Answer:
Pioneer

----
toot,
TOTAL
15
111888888888666
)
After completing all of your answers to the Special Verdict

Form, the foreperson shall sign and date this form,
inform the
Court in writing that the jury has reached a verdict, and call
the bailiff.
MAY - B2015
DATED at Honolulu, Hawai'i,
Signed: /S/ Foreperson
16
111888888888777
Dated:
, at Honolulu, Hawaii.

Foreperson
17
/J

Jury Verdict For DuPont Pioneer Lawsuit

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Jury Verdict For DuPont Pioneer Lawsuit

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!

IN THE UNITED STATES DISTRICT COURT

CIVIL NO. 12-00231 LEK-BMK

SPECIAL VERDICT FORM

You must answer all of the questions, unless

Answer the questions in numerical order.

With respect to all claims, did Plaintiffs prove by a

preponderance of the evidence that Pioneer failed to follow

If your answer to question 1 is "yes", then go to question 2.

During what period of time after December 13, 2009 did

Pioneer fail to follow generally accepted agricultural and

(-Please state the period of time)

Dec. ember :311 < 0 J/

proceed to answer question 3.

evidence that Pioneer's farming operation was a legal cause of

Edwin Dela Cruz

Kristine Del a Cruz

Ann Marie Underwood

Giuseppe "Jo" Gerek-King Yes

If your answer to question 3 is "yes" as to any Plaintiff, then

question 3 is "no" as to each and every Plaintiff, please stop.

With respect to the Trespass claim, did each Plaintiff

prove by a preponderance of the evidence that

each owned, leased, occupied or controlled the

Edwin Dela Cruz

Kristine Dela Cruz

Giuseppe "Jo" Gerek-King Yes

Ann Marie Underwood

If your answer to question 4(a) is "yes" as to any Plaintiff,

answer to question 4(a) is "no" as to any Plaintiff, then state

did not give permission for the entry of dust from

Pioneer's farming operation?

Edwin Dela Cruz

Kristine Dela Cruz

Giuseppe "Jo" Gerek-King Yes

Ann Marie Underwood

Please proceed to answer question 5.

With respect to the Nuisance claim, did each Plaintiff

prove by a preponderance of the evidence that:

each Plaintiff owned, controlled or occupied his or

Edwin Dela Cruz

Kristine Dela Cruz

Giuseppe "Jo" Gerek-King Yes

Ann Marie Underwood

If your answer to question 5(a) is "yes" as to any Plaintiff,

answer to question 5(a) is "no" as to any Plaintiff, then state

Pioneer's conduct was a legal cause in

significantly interfering with each Plaintiff's use and enjoyment

Edwin Del a Cruz

Kristine Del a Cruz

Giuseppe "Jo" Gerek-King Yes

Ann Marie Underwood

If your answer to question 5 (b)

is "yes" as to any Plaintiff,

then proceed to answer question 5 (c) but only as to each

answer to question 5(b) is "no" as to any Plaintiff, then state

the seriousness of the harm to each Plaintiff

outweighs the public benefit of Pioneer's farming operation .

Edwin Dela Cruz

Kristine Dela Cruz

Giuseppe "Jo" Gerek-King Yes

Ann Marie Underwood

If you answered "yes" to questions 5(a), S(b) and 5(c) as to any