Meeting with Ron Janes--Insurance Adjuster
on tape August 26, 1993
Side-A---Counter 41 Ron Janes said, He (Jim Swinney) showed me where they were at (meaning the clean corn fields) and obviously these (weedy corn fields) look a whole lot different than those back there. (clean corn fields)
Side-A---Counter 46 I explained to Ron Janes the problems on the corn fields.
Side-A---Counter 61 I explained what I would like to see happen in order to settle this problem in the corn fields.
Side-A---Counter 72 Ron Janes asked what is blue corn? I explained what blue corn is and where I sell most of this product.
Side-A---counter 139 Ron Janes said that the Accent that was applied did not work. This is the second spray job to the corn fields.
Side-A---counter 145 through 200 I explained to Ron Janes why I thought there would be a yield loss because of the weeds and weather conditions at the time and what size the corn plants (height) were and what action I took to help remedy some of the over all problems.
Side-A---Counter 204 I pulled an ear of blue corn from the weedy fields to show Ron Janes and found rotten ears caused from disease and weakness of the plants, caused by weed stress on the plants.
Side-A---counter 292 I explained to Ron Janes the difference between my blue corn (Kentucky Blue) and the western blue corn and why food processors like Kentucky Blue over western blue.
Side-A---Counter 330 Ron Janes asked how long I have been doing this type of stuff? I explained to Ron Janes what experience I have and how long I have been selling grain and where I sell some of it. And how many dollars worth of sales I had in the first 6 months of 93.
Side-A---Counter 420 I explained to Ron Janes what chemicals I asked Farm Bureau to apply and what Carl Redman actually applied to my fields.
Side-A---Counter 558 Ron Janes indicated that comparison is the way to settle this claim on the corn fields.
Side-A---Counter 620 I took Ron Janes to the clean fields U1 and on the delivery ticket for that field it is marked wet by Farm Bureau's own applicator. We stood in a wet spot where no corn was growing because it had drown earlier in the spring but it is clean or weeds. The chemical killed the weeds in this wet spot yet Farm Bureau says the chemical did not work because the ground was to wet.
Side-A---Counter 630 I said to Ron Janes that there is something different in the way the chemical was put on or the rate the chemical was put on. Ron Janes reply was "The proof is in the pudding" . Implying that Farm Bureau had goofed up.
We are now going to the bean fields
Side-A---Counter 714 Ron Janes is surprised when he first seen my weedy bean field from the south.
His response was "O My"
Side-A---Counter 750 Ron Janes took a picture of these fields from where he first saw the fields and my neighbor's field to the south.
Side-A---Counter 772 I related to Ron Janes that Carl Redman said that in the bean fields we do not have a problem.
Ron Janes response was "Yeah you do".
Side-B---Counter 1 I showed Ron Janes my neighbor's bean field to the east (he sprayed his own) and explained that both fields were standing corn stalks from the previous year with the beans no-tilled in them. Ron Janes gives a big laugh when he sees the neighbor's field and remarks that "You should have sprayed your own".
Side-B---Counter 28 I showed Ron Janes the neighbor's bean field to the north. (he sprayed his own) Ron said that ------"You should have hired your neighbor to spray your fields".
Side-B---Counter 84 through 88 Ron Said----He thinks that We should make comparison test for yield. -------------------------"I think that's what we'll do".
Side-B---counter 118 Ron made the comment that there is a lot of foxtail in the beans.
Side-B---Counter 160 Ron Janes makes the comment that he thinks I did not get any chemical on the bean fields.
Side-B---Counter 174 Ron Janes said "I either did not get any chemical or it did not work" and as a result you are going to be left with the problem.
Side-B---Counter 179 Ron Identifies the problem.--No. 1 The weeds are depleting soil fertility and soil moisture.--No. 2 The beans that are harvested with the weeds will ride out the back of the combine because a combine cannot separate grain from wet or green trash efficiently.
Side-B---Counter 218 In Ron Janes deposition he said he did not know anything about chemicals but here on tape he says Let me get my books out
Side-B---counter 225 Ron Says "You got a weed problem, You got a weed problem". Indicating a weed problem that will cause a YIELD LOSS.
Side-B-counter 248 Ron Janes says that a picture ought to tell it all. And he has taken several pictures
Side-B---Counter 325 Ron Janes said that because the Monsanto Sales Rep. gave me back product he is admitting that his product did not do what it was supposed to do.
Side-B---Counter 383 through 420 I asked Ron Janes upon the conclusion of our meeting how to settle this matter and his response was "Frankly I am of the opinion that comparison is the best way".
Jim Winiger's comments
Jim Swinney said at the meeting in his office with Farm Bureau people, Monsanto and myself that he was going to let the insurance adjuster settle this matter and with Ron Janes statement on tape Side-B---counter 384 through 420 about comparisons is the best way. I was fully assured that comparisons would be made an a financial settlement with me was the way this problem was going to be settled. But the settlement could originate from 3 sources Farm Bureau, Monsanto and/or the Insurance Co.
This was in August of 93. With the agreements with Jim Swinney and Ron Janes as far as I was concerned the matter was closed except from the actual comparison and the payment.
At that point I had no idea that Jim Swinney was planning to beat me out of a fair settlement!
Jim Winiger's comments
I have been in the farming business in Posey County since 1966. Everybody concerned with this problem knew I was in the farming business and all of them would have to agree to take $400,000.00 plus from a farm business would bankrupt that business.
All of the businesses I operated were an extension of the original business of farming. All taxes are paid through my name James J. Winiger and my social security number.
Jim Winiger's comments
David Allyn says the same chemicals that were used on my bean fields worked on his fields because Farm Bureau's applicator got lost and did not know my fields from Davids fields and sprayed my chemical on Davids field. If Farm Bureau sprayer Davids field first an I got what chemical was left, Than I must have gotten air. If Farm Bureau does not know who's field they are spraying, than how can a person be sure they even have the right chemical and by looking at the pictures, I and most other people would believe I did not get any chemical.
If a person were to look at a picture of the fields you can see a start and a stop point (line) of the weeds. If his field were sprayed at the same time and with the same chemical as mine, there would not have been a start and a stopping line between the fields. It would have all looked the same either weedy or clean but not a line between or David Allyn could have worked that field which would destroy existing vegetation the same as I did on the east and north edge of my bean field.
If my field and my neighbor's fields were the same Ron Janes would not have been surprised when he first saw the two fields. He would not have said "O My".
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