Plaintiff Claims Aerial Herbicide Ruined Her Organic Garden in Complaint Against Nutrien Ag

In a complaint filed in the Georgia Superior Court of Morgan County last week, Diane Cartey accused Nutrien Ag Solutions and Aerial Specialists, Inc. of recklessly applying herbicides aerially including over plants belonging to the plaintiff.

The defendants reportedly used a helicopter to apply the herbicides, which went into the plaintiff’s air space while spraying the herbicide, destroying an organic garden belonging to Cartey.

The complaint stated that “on August 30, 2018, the Defendant Aerial Specialists was operating a helicopter equipped with an herbicide spraying apparatus on the property adjacent to Plaintiff’s property,” and that the defendant further “trespassed onto the airspace over Plaintiff’s property while continuing to emit the relevant herbicides.”

Nutrien is a large agriculture company that provides seeds, nutrients, technology, and aid to farms, their website says the company is the “largest global ag-retail network.” The company allegedly subcontracted with Aerial Specialists, a South Carolina company, to spray herbicides at a location in Morgan County adjacent to property owned by the plaintiff. The plaintiff said because Nutrien contracted with Aerial Specialists, it is also liable for the actions of the South Carolina company because of their business agreement.

The plaintiff accused the companies of violating state laws by negligently trespassing, and alleged that they did not control the herbicidal compounds based on collected samples and were negligent in the application.

Cartey claimed that the defendants’ actions caused “serious injuries,” but that the damages were less than $75,000, so the matter should not be heard in a district court. The plaintiff is seeking damages to compensate her for property destruction, along with her own suffering. She asked the court to require the defendants to answer her complaint and award her a judgement for damages.

The plaintiff is represented by Christopher L. Weems.