 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
McAlpine v. Rhone-Poulenc AG Co.12/28/2000
APPEAL FROM: District Court of the Ninth Judicial District, In and for the County of Toole, The Honorable John R. Christensen, Judge presiding.
Submitted on Briefs: September 9, 1999
1 Plaintiffs Thomas and Ruby McAlpine and Simmes Brothers (collectively referred to as "the McAlpines") brought this action against Rhone-Poulenc Ag Company (Rhone-Poulenc) for damages the McAlpines sustained to their crops after applying a herbicide manufactured by Rhone-Poulenc. The District Court for the Ninth Judicial District, Toole County, granted summary judgment in favor of Rhone-Poulenc. On appeal, we held that because the McAlpines' negligence claim was based solely on insufficient warnings in the herbicide's label, that claim was preempted by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), but the McAlpines' claims of breach of warranty and strict liability were not preempted by FIFRA to the extent that those claims did not rely on representations made in the herbicide's label. See McAlpine v. Rhone-Poulenc Ag. Co. (1997), 285 Mont. 224, 947 P.2d 474. Following that appeal, the McAlpines proceeded to trial against Rhone-Poulenc on a theory of strict products liability. The jury returned a verdict in favor of Rhone-Poulenc and the McAlpines appealed. We reverse and remand for further proceedings consistent with this opinion.
2 We address the following issues on appeal:
3 . Whether the District Court erred in instructing the jury that it must find that the herbicide was in a "defective condition unreasonably dangerous" rather than instructing that it must find that the herbicide was merely in a "defective condition."
4 . Whether the District Court erred in refusing to allow the McAlpines to introduce evidence of the herbicide's label language after Rhone-Poulenc's witnesses violated a motion in limine by referencing product labeling during examination.
5 . Whether FIFRA renders evidence of the herbicide's label inadmissible where the cold damage effects of the herbicide on crops are not regulated by FIFRA or the EPA.
Factual and Procedural Background
6 The McAlpines are farmers in Sunburst, Montana, near the Canadian border. In May and June 1990, the McAlpines applied a herbicide known as Weedone LV6 to their barley and spring wheat crops. Weedone LV6 falls within a chemical family of herbicides manufactured by Rhone-Poulenc that are known as "phenoxys" or, generically, as 2,4-D. Rhone-Poulenc's authorized dealer, Ben Taylor, Inc., sold Weedone LV6 to the McAlpines. For several weeks after the McAlpines applied this herbicide to their crops, the night time temperatures fell to near freezing. Soon after, the McAlpines discovered that their crops had been severely damaged.
7 On July 1, 1992, the McAlpines filed a complaint against Rhone-Poulenc and Ben Taylor, Inc. alleging negligence, breach of express and implied warranties, and strict liability. The McAlpines argued that Rhone-Poulenc and Ben Taylor, Inc. were negligent for failing to advise the McAlpines of the substantial risk of harm if cool or cold temperatures occurred after application of Weedone LV6 to their crops; that they breached express and implied warranties because Weedone LV6 was not suitable and fit for the purposes for which it was sold and intended to be used; and that they were strictly liable for the McAlpines' damages because Weedone LV6 is a defective product as its propensity to damage or destroy crops in conjunction with cold weather is a danger outside the expectations of the ordinary consumer.
8 On April 4, 1996 and April 17, 1996, respectively, Rhone-Poulenc and Ben Taylor, Inc. filed Motio
Page 1 2 3 4 5 6 7 8 Montana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|