Facts

G&M Farms Inc. dba River Valley Farms sued Britz-Simplot Grower Solutions LLC and its employee, Tom Branson, in connection with Britz's products.

PLAINTIFF'S CONTENTIONS:
G&M alleged that it was a grower of blueberries in Fresno County. It alleged that Britz was a distributor of Bloom Blend, and Acadian Sweet Concentrate, which were agricultural chemicals. G&M alleged that Britz intended and recommended its products to be used as fertilizers on blueberries during the plants bloom period, and claimed that the products were safe. G&M did as instructed, and suffered damages because Acadian, G&M alleged, was not just a fertilizer but also a growth regulator. As a result, the plant's physiology changed the plants grown and production, resulting in defective growth in the blueberries. The size of each fruit was smaller, and adversely affected the fruit's quantity and quality of production.

G&M alleged causes of action for strict liability, defective design, negligence, failure to warn, misrepresentation, and fraudulent concealment.

DEFENDANT'S CONTENTIONS:
Britz moved to dismiss G&M's complaint for lack of subject matter jurisdiction.

Result

The district court dismissed G&M's action without prejudice, which would allow G&M to assert its claim in state court, if it so chooses.