Firm client Monsanto Company secures summary judgment on failure to warn and implied warranty claims in Roundup® product liability lawsuit.
M.D. Ga. -- United States District Court for the Middle District of Georgia
Toxic Torts & Products Liability
The U.S. District Court for the Middle District of Georgia recently granted summary judgment in favor of Firm client, Monsanto Company, on plaintiffs’ failure to warn and breach of implied warranty claims in a product liability lawsuit involving Monsanto’s Roundup®-branded herbicides. Terry v. Monsanto Co., No. 7:19-CV-98 (HL), 2021 WL 4473408 (M.D. Ga. Sept. 29, 2021). Plaintiffs allege that Mr. Terry’s renal cancer was caused by his occupational and home use of Roundup® products. The federal district court granted summary judgment in favor of Monsanto on the failure to warn claims, concluding that because Mr. Terry admitted during his deposition that he did not read the labels on the Roundup® products that he allegedly used, plaintiffs could not establish proximate causation to support the failure to warn claims. The court also dismissed plaintiffs’ breach of implied warranty claim because Mr. Terry never purchased any Roundup® products and therefore lacked standing to assert the breach of warranty claim.