On April 6, 2021 John Barrat, (“Plaintiff”), represented by Aimee H. Wagstaff and David J. Wool of Andrus Wagstaff, PC and Robert B. Warner of Warner Law Offices, PLLC, filed a personal injury lawsuit against Syngenta Crop Protection LLC, Syngenta AG and Chevron U.S.A., Inc. (collectively, “Defendants”), seeking compensatory and punitive damages for alleged personal injuries resulting from exposure to paraquat over many years in West Virginia. This case was filed in the U.S. District Court for the Northern District of West Virginia with Judge Gina M. Groh presiding.
In its complaint, the Plaintiff alleged that “Paraquat is a synthetic chemical compound that since the mid-1960s has been developed, registered, manufactured, distributed, sold for use, and used as an active ingredient in herbicide products (“paraquat”) developed, registered, formulated, distributed, and sold for use in the United States, including the State of West Virginia. Defendants are companies and successors-in-interest to companies that manufactured, distributed, and sold paraquat for use in West Virginia.”
The Plaintiff further alleged that “Chevron Chemical manufactured, formulated, distributed, and sold paraquat for use in the United States, acting in concert with ICI and ICI Americas throughout this period, including in West Virginia, where Chevron Chemical registered such products with the State of West Virginia to enable them to be lawfully distributed, sold, and used in West Virginia, and marketed, advertised, and promoted them to West Virginia distributors, dealers, applicators, and farmers.”
The Plaintiff also alleged that “In the 1970s and early 1980s, Plaintiff was repeatedly exposed to and inhaled, ingested, or absorbed paraquat in or around Kearneysville, West Virginia while working on his family’s peach orchard where paraquat was used for weed control. Plaintiff was also exposed to paraquat through a fruit tree experimentation project through West Virginia University. Plaintiff began suffering symptoms associated with Parkinson’s disease and was diagnosed with PD in 2016. the paraquat to which Plaintiff was exposed was sold and used in West Virginia, and was manufactured, distributed, and on information and belief sold by one or more of the Defendants and their corporate predecessors and others with whom they acted in concert intending or expecting that it would be sold and used in West Virginia.”
The Plaintiff has laid down eight claims for relief. The first four claims are against Defendants SCPLLC AND SAG for Strict product liability- alleged design defect, strict product liability- alleged failure to warn, alleged negligence, and alleged breach of implied warranty of merchantability, respectively. Claims five, six, seven, and eight are against CHEVRON U.S.A. INC. for strict product liability- alleged design defect, strict product liability- alleged failure to warn, alleged negligence and alleged breach of implied warranty of merchantability.
In its prayer for relief, the Plaintiff has requested the court to award compensatory damages, costs, prejudgment and post-judgment interest, and attorneys’ fees, severally for punitive damages, and for such further relief to which he may show himself to be entitled.
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Pending - Other Pending
Gina M. Groh
Chevron U.S.A. Inc.
Syngenta Crop Protection LLC
David J. Wool
Attorney at Andrus Wagstaff, PC
7171 W. Alaska Drive
Lakewood, CO 80226
Aimee H. Wagstaff
Attorney at Andrus Wagstaff, PC
7171 W. Alaska Drive
Lakewood, CO 80226
Robert B. Warner
Attorney at Warner Law Offices, PLLC
227 Capitol Street
Charleston, WV 25301
Kurt D. Weaver
Attorney at Womble Bond Dickson (US) LLP
555 Fayetteville Street, Suite 1100
Raleigh, NC 27601
Docket(#13) ORDER GRANTING CONSENT MOTION TO EXTEND DEADLINE TO ANSWER. Signed by Chief Judge Gina M. Groh on 06/01/2021. (cwm) (Entered: 06/01/2021)Read MoreRead Less
Docket(#12) ORDER GRANTING PRO HAC VICE ADMISSION. Signed by Chief Judge Gina M. Groh on 06/01/2021. (cwm) (Entered: 06/01/2021)Read MoreRead Less
Docket(#11) ORDER GRANTING PRO HAC VICE ADMISSION. Signed by Chief Judge Gina M. Groh on 06/01/2021. (cwm) (Entered: 06/01/2021)Read MoreRead Less
Docket(#10) Courtesy Copy of Case filed against defendants. (Attachment: #1 Envelope)(cwm) (Entered: 06/01/2021)Read MoreRead Less
DocketIMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on July 19, 2021. Complete information regarding the WVND NextGen CM/ECF implementation can be found #here.Currently, many attorneys within a firm may share a single PACER account. This will no longer be allowed with the New WVND NextGen CM/ECF system because each attorney must have an individual upgraded PACER account that will be linked to their e-filing account. Shared PACER accounts cannot be used by WVND e-filing attorneys once the WVND NextGen CM/ECF system is implemented. Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account, and step two is to link your upgraded PACER account to the WVND e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step cant be completed until on or after July 19, 2021. The first step is to check and see if your PACER account is an upgraded PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have un upgraded PACER account and no action is required until after the WVND NextGen CM/ECF upgrade occurs on July 19, 2021: 1) You have a an upgraded PACER account for another NextGen court; or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WVND CM/ECF account for your new NextGen CM/ECF account. Additional notices will be sent later detailing how to handle the second step in this process. If you still have questions, please contact the PACER Service Center at 800-676-6856 or the WVND Clerks Office CM/ECF Help Desk at (304) 267-5682. (cmd) (ADI) (Entered: 05/30/2021)Read MoreRead Less
Docket(#9) Consent MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Syngenta AG, Syngenta Crop Protection LLC. (Weaver, Kurt) (Entered: 05/03/2021)Read MoreRead Less
Docket(#8) Pro Hac Vice Filing fee: $400.00 - receipt number WVNM001832 for attorneys Aimee H. Wagstaff and David J. Wool. (cwm) (Entered: 04/22/2021)Read MoreRead Less
Docket(#7) Courtesy Copy of Various Cases filed against defendants. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5)(cwm) (Entered: 04/13/2021)Read MoreRead Less
Docket(#6) Courtesy Copy of PLAINTIFF'S MOTION FOR TRANSFER OF ACTIONS TO THE NORTHERN DISTRICT OF CALIFORNIA PURSUANT TO 28 U.S.C. 1407 FOR COORDINATED OR CONSOLIDATED PRETRIAL PROCEEDINGS. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6)(cwm) (Entered: 04/08/2021)Read MoreRead Less
Docket(#5) First MOTION for Leave to Appear Pro Hac Vice for David Wood by John Barrat. (Warner, Robert) (Entered: 04/08/2021)Read MoreRead Less
Docket(#4) First MOTION for Leave to Appear Pro Hac Vice by Aimee Wagstaff by John Barrat. (Warner, Robert) (Entered: 04/08/2021)Read MoreRead Less
Docket(#2) VERIFICATION OF ATTORNEY ADMISSION for attorneys Aimee H. Wagstaff and David J. Wool. (cwm) Emailed to attorneys by CM/ECF. (Entered: 04/07/2021)Read MoreRead Less
Docket(#1) COMPLAINT against Chevron U.S.A. Inc., Syngenta AG, and Syngenta Crop Protection LLC, filed by John Barrat. Filing Fee $402. Receipt #0424-3234861. (Attachment: #1 Civil Cover Sheet)(cwm) (Entered: 04/07/2021)Read MoreRead Less
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