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This case was last updated from PACER on 06/08/2021 at 10:01:22 (UTC).

Nunnery v. Syngenta AG et al

Case Summary

On April 8, 2021, John R. Nunnery (“Plaintiff”), represented by Stuart Halkett McCluer of McCulley McCluer PLLC, filed a personal injury lawsuit against Syngenta AG, Syngenta crop protection AG, Syngenta Corporation, Syngenta crop protection LLC, Chevron Corporation & Others (collectively, “Defendants”), seeking compensatory and punitive damages for alleged  severe and permanent physical pain, mental anguish, and disability to the Plaintiff. This case was filed in the U.S. District Court for the Northern District of Mississippi with Judges Jane M. Virden and Debra M. Brown presiding.

 

In its complaint, the Plaintiff alleged that “Defendants’ Paraquat Products have been used in the U.S. to kill broadleaf weeds and grasses before the planting or emergence of more than 100 field, fruit, vegetable, and plantation crops, to control weeds in orchards, and to desiccate (dry) plants before harvest. At all relevant times, the use of Defendants’ Paraquat Products for these purposes was intended or directed by or reasonably foreseeable to, and was known to or foreseen by Defendants.”

 

The Plaintiff further alleged that “Parkinson’s disease is a progressive neurodegenerative disorder of the brain that affects primarily the motor system, the part of the central nervous system that controls movement.” Further “Between approximately 1973 and 2019, Plaintiff was repeatedly exposed to and inhaled, ingested, or absorbed paraquat in the course of applying Paraquat Products, including Gramoxone, on the ground or in the air to dessicate crops for harvest or during spring burndown before planting on fields in Washington and Sharkey Counties, Mississippi. Plaintiff was certified by the State of Mississippi to apply Paraquat Products on farmland. On information and belief during this time period, Defendants manufactured and sold the paraquat that the owners or operators of farms applied or had applied on farms in Counties within the Northern District of Mississippi, including Washington and Sharkey Counties. “

 

The Plaintiff further alleged that “After repeated and consistent paraquat exposure, Plaintiff began suffering neurological injuries consistent with Parkinson’s disease and was diagnosed with Parkinson’s disease in or about June 2012. Plaintiff’s neurological injuries have continued and progressed over time, and Plaintiff suffers these injuries at present and will continue to suffer these injuries into the future. Each of the Defendants knew or should have known of the risk of neurological injuries to persons who used paraquat, who were nearby while it was being used, or who entered fields or orchards where it had been sprayed or areas near where it had been sprayed and fraudulently concealed said risk.” Further, “Before the year 2021, Plaintiff did not know nor had any reason to know of the association between Parkinson’s disease and exposure to paraquat or Paraquat Products.”

 

There are ten claims for relief laid down by the Plaintiff. The first five claims are against Syngenta Defendants. The first claim is for strict product liability - alleged design defect. The second claim is for strict product liability-  alleged failure to warn. The third claim is for alleged negligence. The fourth claim is for alleged public nuisance. The fifth claim is for alleged breach of implied warranty of merchantability. Similar claims have been made against Chevron Defendants under claims six to ten. 

 

In its prayer for relief, the Plaintiff has requested the court for compensatory damages in excess of $75,000, pre-judgment and post-judgment interest, and punitive damages along with costs of litigation to Plaintiff.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-00047

  • Filing Date:

    04/09/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical/Pharmaceutical Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    Mississippi Northern District

Judge Details

Referral Judge

Jane M. Virden

Presiding Judge

Debra M. Brown

 

Party Details

Plaintiff

John R. Nunnery, Jr.

Defendants

Phillips 66 Company

Phillips 66

Chevron Corporation

Chevron USA, Inc.

Chevron Phillips Chemical Company LP

Syngenta Crop Protection, LLC

Chevron Phillips Chemical Company LLC

Syngenta AG

Syngenta Crop Protection AG

Syngenta Corporation

Attorney/Law Firm Details

Plaintiff Attorney

Stuart Halkett McCluer

Attorney at McCulley McCluer PLLC

701 East Bay Street, Suite 411

Charleston, SC 29403

Defendant Attorney

Glen Austin Stewart

Attorney at Adams and Reese LLP

1018 Highland Colony Pkwy, Ste 800

Ridgeland, MS 39157

 

Court Documents

#14

(#14) ORDER terminating as moot #4 Motion to Stay. Signed by Magistrate Judge Jane M. Virden on 5/25/2021. (jtm)

#13

(#13) SUMMONS Returned Executed by Stuart Halkett McCluer on behalf of John R. Nunnery, Jr Chevron Corporation served on 4/16/2021. (McCluer, Stuart)

#12

(#12) SUMMONS Returned Executed by Stuart Halkett McCluer on behalf of John R. Nunnery, Jr Syngenta Crop Protection, LLC served on 4/13/2021. (McCluer, Stuart)

#11

(#11) SUMMONS Returned Executed by Stuart Halkett McCluer on behalf of John R. Nunnery, Jr Syngenta Corporation served on 4/13/2021. (McCluer, Stuart)

#10

(#10) SUMMONS Returned Executed by Stuart Halkett McCluer on behalf of John R. Nunnery, Jr Phillips 66 Company served on 4/13/2021. (McCluer, Stuart)

#9

(#9) SUMMONS Returned Executed by Stuart Halkett McCluer on behalf of John R. Nunnery, Jr Phillips 66 served on 4/13/2021. (McCluer, Stuart)

#8

(#8) SUMMONS Returned Executed by Stuart Halkett McCluer on behalf of John R. Nunnery, Jr Chevron Phillips Chemical Company LP served on 4/13/2021. (McCluer, Stuart)

#7

(#7) SUMMONS Returned Executed by Stuart Halkett McCluer on behalf of John R. Nunnery, Jr Chevron Phillips Chemical Company LLC served on 4/13/2021. (McCluer, Stuart)

#6

(#6) SUMMONS Returned Executed by Stuart Halkett McCluer on behalf of John R. Nunnery, Jr Chevron USA, Inc. served on 4/12/2021. (McCluer, Stuart)

#5

(#5) ORDER granting #3 Motion to Stay. Signed by Magistrate Judge Jane M. Virden on 5/3/2021. (ck)

#4

(#4) Joint MOTION to Stay Pending Potential Transfer of this Action by the Judicial Panel on Multidistrict Litigation by John R. Nunnery, Jr. (McCluer, Stuart)

#3

(#3) Joint MOTION to Stay Pending Potential Transfer by the Judicial Panel on Multidistrict Litigation by Syngenta AG, Syngenta Corporation, Syngenta Crop Protection AG, Syngenta Crop Protection, LLC. (Stewart, Glen)

#2

(#2) Summons Issued as to All Defendants. Emailed to attorney for service. (jwr)

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT, Jury Demand, Filing fee $ 402, receipt number AMSNDC-1932869, filed by John R. Nunnery, Jr. (Attachments: #1 Civil Cover Sheet) (jwr)

4 More Documents Available
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Docket Entries

  • 05/25/2021
  • View Court Documents
  • Docket(#14) ORDER terminating as moot #4 Motion to Stay. Signed by Magistrate Judge Jane M. Virden on 5/25/2021. (jtm)

    Read MoreRead Less
  • 05/06/2021
  • View Court Documents
  • Docket(#13) SUMMONS Returned Executed by Stuart Halkett McCluer on behalf of John R. Nunnery, Jr Chevron Corporation served on 4/16/2021. (McCluer, Stuart)

    Read MoreRead Less
  • 05/06/2021
  • View Court Documents
  • Docket(#12) SUMMONS Returned Executed by Stuart Halkett McCluer on behalf of John R. Nunnery, Jr Syngenta Crop Protection, LLC served on 4/13/2021. (McCluer, Stuart)

    Read MoreRead Less
  • 05/06/2021
  • View Court Documents
  • Docket(#11) SUMMONS Returned Executed by Stuart Halkett McCluer on behalf of John R. Nunnery, Jr Syngenta Corporation served on 4/13/2021. (McCluer, Stuart)

    Read MoreRead Less
  • 05/06/2021
  • View Court Documents
  • Docket(#10) SUMMONS Returned Executed by Stuart Halkett McCluer on behalf of John R. Nunnery, Jr Phillips 66 Company served on 4/13/2021. (McCluer, Stuart)

    Read MoreRead Less
  • 05/06/2021
  • View Court Documents
  • Docket(#9) SUMMONS Returned Executed by Stuart Halkett McCluer on behalf of John R. Nunnery, Jr Phillips 66 served on 4/13/2021. (McCluer, Stuart)

    Read MoreRead Less
  • 05/06/2021
  • View Court Documents
  • Docket(#8) SUMMONS Returned Executed by Stuart Halkett McCluer on behalf of John R. Nunnery, Jr Chevron Phillips Chemical Company LP served on 4/13/2021. (McCluer, Stuart)

    Read MoreRead Less
  • 05/06/2021
  • View Court Documents
  • Docket(#7) SUMMONS Returned Executed by Stuart Halkett McCluer on behalf of John R. Nunnery, Jr Chevron Phillips Chemical Company LLC served on 4/13/2021. (McCluer, Stuart)

    Read MoreRead Less
  • 05/06/2021
  • View Court Documents
  • Docket(#6) SUMMONS Returned Executed by Stuart Halkett McCluer on behalf of John R. Nunnery, Jr Chevron USA, Inc. served on 4/12/2021. (McCluer, Stuart)

    Read MoreRead Less
  • 05/03/2021
  • View Court Documents
  • Docket(#5) ORDER granting #3 Motion to Stay. Signed by Magistrate Judge Jane M. Virden on 5/3/2021. (ck)

    Read MoreRead Less
  • 04/30/2021
  • View Court Documents
  • Docket(#4) Joint MOTION to Stay Pending Potential Transfer of this Action by the Judicial Panel on Multidistrict Litigation by John R. Nunnery, Jr. (McCluer, Stuart)

    Read MoreRead Less
  • 04/28/2021
  • View Court Documents
  • Docket(#3) Joint MOTION to Stay Pending Potential Transfer by the Judicial Panel on Multidistrict Litigation by Syngenta AG, Syngenta Corporation, Syngenta Crop Protection AG, Syngenta Crop Protection, LLC. (Stewart, Glen)

    Read MoreRead Less
  • 04/09/2021
  • DocketNOTICE OF ASSIGNMENT. Case assigned to Judge Brown and Magistrate Judge Virden. (jwr)

    Read MoreRead Less
  • 04/09/2021
  • View Court Documents
  • Docket(#2) Summons Issued as to All Defendants. Emailed to attorney for service. (jwr)

    Read MoreRead Less
  • 04/09/2021
  • View Court Documents
  • Docket(#1) COMPLAINT, Jury Demand, Filing fee $ 402, receipt number AMSNDC-1932869, filed by John R. Nunnery, Jr. (Attachments: #1 Civil Cover Sheet) (jwr)

    Read MoreRead Less
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