DETROIT — A Michigan appeals court has recently overturned a substantial portion of an $88,550 compensation awarded to an organic gardener from the Detroit area. The case stems from an incident in 2020 when Marilyn Mack’s cherished clover lawn was accidentally ruined by herbicides sprayed by a worker misdirected to her property by GPS.
Following the incident, Mack reported experiencing significant emotional distress, including depression and frequent crying spells. While the appeals court agreed to maintain a jury’s decision to award $22,400 for the property damage, it ultimately ruled against the additional $66,150 granted for noneconomic damages, citing Michigan’s laws which prohibit such awards in trespass cases.
The three-judge panel expressed no doubt over Mack’s distress but pointed to a legal technicality in their decision last Thursday. Clover, a plant that some homeowners find bothersome, is embraced by others for its beauty and benefits, including supporting local pollinators. Mack had meticulously cultivated her clover lawn and took pride in watching it flourish.
The unfortunate turn of events occurred nearly five years ago when an employee of Natural Way lawn service mistakenly sprayed herbicides on Mack’s lawn, intending to treat a neighboring property. Instead, the employee, without verifying the address, arrived at Mack’s home, just a short distance away.
Mack’s attorney, David Zuppke, argued during the appeals process that the worker should have known better and adhered to the company’s clear policy of confirming addresses before acting. Zuppke noted, “It’s quite straightforward: the property was merely 15 feet away, and the numbers are prominently displayed.”
Natural Way’s attorney, Joseph Fraser, refrained from making comments about the ruling. However, in legal documents, he contended that the jury overstepped by awarding Mack an additional amount based on her personal attachment to her lawn.
In addition to the loss of her clover, Mack also lost various organic herbs, vegetables, and strawberries due to the chemical exposure, leading to a notable impact on her gardening endeavors. Expressing her passion for gardening, Mack shared her sentiments with a local publication, stating, “I could spend every single day in the dirt.”
