Empresas y finanzas

Dole Food Company, Inc. Wins Court Rulings



    Dole Food Company, Inc. today announced that Judge Victoria
    Gerrard Chaney of the Los Angeles Superior Court found for Dole in the
    Tellez case by dismissing all punitive damages and finding that "any
    punitive damages award would be so arbitrary as to be grossly
    excessive, and thus violative of the Due Process Clause of the
    Fourteenth Amendment" of the United States Constitution. Judge Chaney
    further held that "viewing the evidence in the light most favorable to
    plaintiffs, the evidence compels a verdict for (Dole) as a matter of
    law." The plaintiffs had alleged that Dole acted with malice against
    workers in the use of Dow Chemical´s agricultural chemical DBCP on
    contracted banana farms in Nicaragua nearly 30 years ago.

    As a result of this and the court´s other favorable rulings on
    March 7, 2008, the original verdicts which totaled $5 million against
    Dole have now been reduced to $1.58 million.

    "We always have maintained that punitive damages are inappropriate
    in these cases and would violate fundamental constitutional
    principles," said C. Michael Carter, Dole´s executive vice president
    and general counsel. "The rationale of Judge Chaney´s ruling clearly
    appears to preclude the award of punitive damages against Dole in any
    of the other cases pending in California, regardless of whether the
    plaintiffs are from Nicaragua or any other foreign country."

    As a result of these proceedings, the court found in Dole´s favor
    against seven of the 12 hand-picked plaintiffs in the Tellez case; and
    the court granted Dole´s motion for a new trial as to the claims of
    one of the other plaintiffs. Only the compensatory verdicts for four
    plaintiffs remain, subject to Dole´s appeal.

    Dole is committed to a fair and reasonable resolution of claims by
    male banana workers in Nicaragua, who meet minimum criteria consistent
    with the reliable science. In Honduras, Dole, worker unions and the
    Government of Honduras have implemented a successful program to deal
    with these claims.