Justice Thomas Whelan
Pindar Vineyards brought an action to recover damages based on negligent spraying of herbicides, which allegedly caused destruction of about 30 rows of grapevines. Pindar contended that Vitti knew or should have known that tenants leasing her property would use a chemical herbicide that was particularly harmful to grapevines. Pindar further alleged that the remaining defendants operated a sod farm on property leased to them by Vitti, and that they improperly sprayed a herbicide on that property which drifted into Pindar’s vineyard, causing the destruction of their grapevines. Vitti moved for summary judgment arguing she is an out-of-possession landlord. The court found that Vitti established her lack of intent or knowledge regarding the alleged entry onto Pindar’s land, as well as the lack of any conduct, which interfered with use and enjoyment of Pindar’s land. The court denied Pindar’s motion, finding issues of fact existed on terms of the agreement between sod farmers and owners of the vineyards, whether the remaining defendants were negligent in spraying when they did, whether they were negligent in the manner in which they sprayed, and whether that spraying was the proximate cause of the damage to the vineyard.
