by: Chad Herring, NCFF Executive DirectorMany of us are wondering, how was Joey Carter’s hog farm found to be a nuisance in a courtroom in Raleigh?
After all, in many ways, Joey Carter is a model farmer:
* his farm is in compliance with all state rules and regulations.
a respected scientist who studied the farm found no objectionable odor.
and several neighbors, who live closer to the farm than the two people who sued Joey Carter, testified his farm isn’t a nuisance.
Well, here’s how:
the jury was told, over and over, the case was against Smithfield Foods, not Joey Carter. But that’s misleading – the jury’s verdict is going to put the Joey Carter farm out of business.
the jury was never allowed to visit Joey Carter’s farm. How could they determine a farm’s a nuisance without visiting it?
and the respected scientist, who is an expert on odor, was not allowed to give expert testimony regarding her findings at Joey Carter’s farm. (The plaintiffs’ lawyer made a motion to block her testimony and the judge agreed.)
The jury awarded the two people suing Joey Carter’s farm $25,130,000.It’s hard to believe this happened in an American court. But verdicts like this are the reason Americans have the right to appeal to higher courts. And, in this case, the road to justice leads straight to the Court of Appeals. NC Farm Families stands behind Joey Carter – his hog farm is not and has not been a nuisance.