Roland et al v. Chevron U.S.A. Inc. et al

On September, 14, 2021 Roland J. Perry and Debra Perry (“Plaintiffs”), represented by Bradley H. Weidenhammer, Leslie M. Smith, Ragan Naresh and Rebecca C. Fitzpatrick of Kirkland & Ellis LLP; Jihan E. Walker of Jones Day; Julia Ann Merritt of Beasley Allen Law Firm; Khaldoun A. Baghdadi of Walkup, Melodia, Kelly & Schoenberger; Megan Ann Scheiderer of Husch Blackwell LLP; Michael J. Nester of Donovan Rose Nester, P.C.; Peter J. Flowers of Meyers & Flowers, LLC; and Sarah Shoemake Doles of Carey Danis & Lowe, filed a product liability lawsuit against Syngenta Crop Protection LLC (“SCPLLC”), Syngenta Ag (“SAG”) and Chevron U.S.A. Inc. (collectively, “Defendants”), seeking compensatory damages for personal injuries allegedly caused by the Defendants. This case was filed in U.S. District Court in the Southern District of Illinois with Judge Nancy J. Rosenstengel presiding.

The Complaint purports to assert a cause of action by Plaintiff against Defendants to recover damages for personal injuries allegedly resulting from Plaintiff’s exposure to paraquat over many years in Alabama.

In the complaint, the Plaintiffs alleged that, “As a direct and proximate result of the defective and unreasonably dangerous condition of the paraquat manufactured, distributed, and sold by SCPLLC, SAG, their corporate predecessors, and others with whom they acted in concert, Plaintiff developed PD; has suffered severe and permanent physical pain, mental anguish, and disability, and will continue to do sofor the remainder of the Plaintiff’s life; has suffered the loss of a normal life and will continue to do so for the remainder of the Plaintiff’s life.”

The Plaintiffs also alleged that, “As a direct and proximate result of the lack of adequate directions for the use of and warnings about the dangers of the paraquat manufactured, distributed and sold by SCPLLC, SAG, their corporate predecessors, and others with whom they acted in concert, Plaintiff developed PD; has suffered severe and permanent physical pain, mental anguish, and disability, and will continue to do so for the remainder of the Plaintiff’s life.”

Further, the Plaintiffs alleged that, “As a direct and proximate result of the negligence of SCPLLC, SAG, their corporate predecessors, and others with whom they acted in concert, Plaintiff developed PD; has suffered severe and permanent physical pain, mental anguish, and disability, and will continue to do sofor the remainder of the Plaintiff’s life; has suffered the loss of a normal life and will continue to do so for the remainder of the Plaintiff’s life.”

There are nine claims for relief laid down by the Plaintiffs. The first and fifth claims alleged are for strict product liability for personal injuries caused due to design defects against SCPLLC and SAG and Chevron U.S.A. Inc. respectively; the second and sixth claims alleged are for strict product liability for personal injuries caused due to failure to warn against SCPLLC and SAG and Chevron U.S.A. Inc. respectively; the third and seventh claims alleged are for negligence against SCPLLC, SAG and Chevron U.S.A. Inc. respectively; the fourth and eight claims alleged are for breach of express and implied warranty of merchantability against SCPLLC and SAG and Chevron U.S.A. Inc. respectively; and the ninth claim alleged is for loss of consortium.

In the prayer for relief, the Plaintiffs have requested the Court to enter judgment in the Plaintiffs’ favor and against Defendants, jointly and severally, for compensatory damages, costs, pre- and post-judgment interest, attorneys’ fees, punitive damages and for such further relief to which the Plaintiffs may show themselves to be entitled.

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