specially concurring.
I concur in the result reached in the lead opinion and in the' specially concurring opinion of Chief Judge Lansing. I write only to note that the record is also devoid of any evidence of negligent inspections by the DOA occurring prior to May of 1988. The best the growers could show was some form of “negligence in the air,” but without proximately caused damages directly applicable to the discrete time frame mandated by the Supreme Court decision.