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This case was last updated from PACER on 06/28/2021 at 09:39:14 (UTC).

Rutherford v. Syngenta Crop Protection LLC et al

Case Summary

On April 29, 2021, Jonathan Rutherford, (“Plaintiff”), represented by Rhon E. Jones and William Robert Sutton of Beasley Allen Crow Methvin Portis & Miles PC, filed a personal injury lawsuit against Syngenta Crop Protection LLC, Syngenta AG, Chevron U.S.A. INC., (“Defendants”), seeking compensatory and punitive damages with pre - and post-judgement interest for alleged Parkinson’s disease (“PD”) caused by exposure to paraquat. This case was filed in the U.S. District Court for the Northern District Alabama with Judge R. David Proctor presiding. 

 

In its complaint, the Plaintiff alleged that, “Paraquat is a synthetic chemical compound that has been used since the mid-1960s and has been developed, registered, manufactured, distributed, sold for use, and used as an active ingredient in herbicide products (“paraquat”). Defendants are companies and successors-in-interest to companies that manufactured, distributed, and sold paraquat for use in Alabama, acted in concert with others who manufactured, distributed, and sold paraquat for use in Alabama, sold and used paraquat in Alabama, or owned property in Alabama where paraquat was used.”

 

The Plaintiff also alleged that, “At all relevant times, it was reasonably foreseeable that when paraquat was used in the manner intended or directed, users of paraquat and persons nearby would be exposed to paraquat while it was being mixed and loaded into the tanks of sprayers, including as a result of spills, splashes, and leaks. Persons exposed to paraquat, including as a result of spray drift, the movement of herbicide spray droplets from the target area to an area where herbicide application was not intended, typically by wind, and as a result of contact with sprayed plants”. Apart from that absorption through or penetration of the skin, mucous membranes, and other epithelial tissues, including tissues of the mouth, nose and nasal passages, trachea, and conducting airways, particularly where cuts, abrasions, rashes, sores, or other tissue damage could have been done.”

 

The Plaintiff further alleged that, “Paraquat is highly toxic to both plants and animals. It injures and kills plants by creating oxidative stress that causes or contributes to cause the degeneration and death of plant cells. Paraquat also injures and kills humans and other animals by creating oxidative stress that causes or contributes to cause the degeneration and death of animal cells. Paraquat is one of only a handful of toxins that scientists use to produce animal models of PD. Defendants had knowledge of this study and the relationship between paraquat exposure and PD but actively and fraudulently concealed this information from Plaintiff and others.”



There are multiple claims for relief laid down by the Plaintiff. A few of them are for product liability - alleged design defect, personal injuries endured because 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. The next claims are for alleged negligence and alleged breach of implied warranty of merchantability. 

 

In his prayer for relief, the Plaintiff has requested the court to enter a judgment in the Plaintiff’s favour and against Defendants, jointly and severally, for compensatory and punitive damages with costs, pre- and post-judgment interest, attorneys’ fees, and for such further relief to which he may show himself to be entitled.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00611

  • Filing Date:

    04/29/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    Alabama Northern District

Judge Details

Presiding Judge

R David Proctor

 

Party Details

Plaintiff

Jonathan Rutherford

Defendants

Syngenta AG

Chevron USA Inc

Syngenta Crop Protection LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Rhon E Jones

Attorney at BEASLEY ALLEN CROW METHVIN PORTIS & MILES PC

P O Box 4160

Montgomery, AL 36103-4160

William Robert Sutton

Attorney at BEASLEY ALLEN CROW METHVIN PORTIS & MILES PC

218 Commerce Street

Montgomery, AL 36104

Defendant Attorney

Jannea S Rogers

Attorney at ADAMS & REESE LLP

11 North Water Street, Suite 23200

Grand Bay, AL 36541

 

Court Documents

#11

(#11) ORDER Transferring Case to MDL: ORDER of Judicial Panel on Multidistrict Litigation transferring this case to the District of Southern Illinois for inclusion in MDL 3004; record electronically transferred to Clerk of Court in District of Southern Illinois. (KAM) (Entered: 06/17/2021)

#8

(#8) Joint MOTION to Stay Pending JPML Decision by Syngenta Crop Protection LLC. (Rogers, Jannea) (Entered: 06/03/2021)

#7

(#7) NOTICE of Appearance by Jannea S Rogers on behalf of Syngenta Crop Protection LLC (Rogers, Jannea) (Entered: 06/03/2021)

#6

(#6) Joint MOTION to Stay Pending Potential Transfer of this Action to MDL by Jonathan Rutherford. (Sutton, William) (Entered: 06/02/2021)

#5

(#5) SUMMONS Returned Executed by Jonathan Rutherford. Chevron USA Inc served on 5/14/2021, answer due 6/4/2021. (KAM) (Entered: 05/21/2021)

#4

(#4) SUMMONS Returned Executed by Jonathan Rutherford. Syngenta Crop Protection LLC served on 5/14/2021, answer due 6/4/2021. (KAM) (Entered: 05/21/2021)

#3

(#3) Summons Issued as to Chevron USA Inc, Syngenta Crop Protection LLC. Mailed certified mail. (MEB2) (Entered: 05/12/2021)

#2

(#2) Request for service by certified mail filed by Jonathan Rutherford. (Sutton, William) (Entered: 05/10/2021)

#1

(#1) COMPLAINT against Chevron USA Inc, Syngenta AG, Syngenta Crop Protection LLC, filed by Jonathan Rutherford.(KAM) (Entered: 04/29/2021)

 

Docket Entries

  • 06/17/2021
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  • Docket(#11) ORDER Transferring Case to MDL: ORDER of Judicial Panel on Multidistrict Litigation transferring this case to the District of Southern Illinois for inclusion in MDL 3004; record electronically transferred to Clerk of Court in District of Southern Illinois. (KAM) (Entered: 06/17/2021)

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  • 06/04/2021
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  • Docket(#10) TEXT ORDER - Before the court is Defendants Motion for Stay Pending Potential Transfer of this Action by the Judicial Panel on Multidistrict Litigation. #8 . Because the court has already stayed this case pending action by the Judicial Panel on Multidistrict Litigation 9 , the Motion #8 is duplicative and, accordingly, is ADMINISTRATIVELY TERMINATED. Further, because the hearing by the Judicial Panel on Multidistrict Litigation has already been held, the court DIRECTS the parties to promptly keep the court apprised of any developments. Signed by Judge R David Proctor on 6/4/2021. (KAM) (Entered: 06/04/2021)

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  • 06/03/2021
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  • Docket(#9) TEXT ORDER - Before the court is the parties Joint Stipulation and Motion for Stay Pending Potential Transfer of this Action by the Judicial Panel on Multidistrict Litigation. #6 . In that Motion, the parties request this matter be stayed. #6 . For good cause shown, the Motion #6 is GRANTED and this case is STAYED until further notice. Furthermore, the parties SHALL submit a joint report on or before August 31, 2021, detailing the status of this case. Signed by Judge R David Proctor on 6/3/2021. (KAM) (Entered: 06/03/2021)

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  • 06/03/2021
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  • Docket(#8) Joint MOTION to Stay Pending JPML Decision by Syngenta Crop Protection LLC. (Rogers, Jannea) (Entered: 06/03/2021)

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  • 06/03/2021
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  • Docket(#7) NOTICE of Appearance by Jannea S Rogers on behalf of Syngenta Crop Protection LLC (Rogers, Jannea) (Entered: 06/03/2021)

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  • 06/02/2021
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  • Docket(#6) Joint MOTION to Stay Pending Potential Transfer of this Action to MDL by Jonathan Rutherford. (Sutton, William) (Entered: 06/02/2021)

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  • 05/20/2021
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  • Docket(#5) SUMMONS Returned Executed by Jonathan Rutherford. Chevron USA Inc served on 5/14/2021, answer due 6/4/2021. (KAM) (Entered: 05/21/2021)

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  • 05/19/2021
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  • Docket(#4) SUMMONS Returned Executed by Jonathan Rutherford. Syngenta Crop Protection LLC served on 5/14/2021, answer due 6/4/2021. (KAM) (Entered: 05/21/2021)

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  • 05/12/2021
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  • Docket(#3) Summons Issued as to Chevron USA Inc, Syngenta Crop Protection LLC. Mailed certified mail. (MEB2) (Entered: 05/12/2021)

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  • 05/10/2021
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  • Docket(#2) Request for service by certified mail filed by Jonathan Rutherford. (Sutton, William) (Entered: 05/10/2021)

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  • 04/29/2021
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  • DocketFiling Fee: Filing fee $ 402, receipt_number 1126-3830038. related document #1 COMPLAINT against Chevron USA Inc, Syngenta AG, Syngenta Crop Protection LLC, filed by Jonathan Rutherford.(KAM). (Sutton, William) (Entered: 04/29/2021)

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  • 04/29/2021
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  • Docket(#1) COMPLAINT against Chevron USA Inc, Syngenta AG, Syngenta Crop Protection LLC, filed by Jonathan Rutherford.(KAM) (Entered: 04/29/2021)

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