ST. LOUIS — A Cullman County, Alabama, consumer is suing an herbicide maker, citing alleged design defect and failure to warn users of its harmful effects.
Garry Marchman filed a complaint July 11 in the U.S. District Court for the Eastern District of Missouri against Monsanto Co. alleging that the defendant failed its duty to properly test, develop, design, manufacture, inspect, package, label, market, promote, sell, distribute, maintain supply, provide proper warnings and take the necessary steps to ensure that its Roundup products did not cause users harm.
According to the complaint, the plaintiff alleges that he suffered injuries from exposure to Roundup because the product contains the active ingredient glyphosate and the surfactant polyethoxylated tallow amine, which are dangerous to human health. Marchman claims he developed non-Hodgkin lymphoma due to exposure to Roundup.
The plaintiff holds Monsanto responsible because the defendant allegedly failed to investigate, study, test or promote the safety or to minimize the dangers to users and consumers of its product; failed to exercise reasonable care to warn of the dangerous risks associated with use; and exposure to the product and wrongfully concealed information concerning the dangerous nature of Roundup.
The plaintiff requests a trial by jury and seeks seek judgment for compensatory and economic damages, pre- and post-judgment interest, attorneys' fees, costs of proceedings and other relief as the court deems just and proper. He is represented by Jacob A. Flint of Flint Law Firm LLC in Edwardsville, Illinois, and Aimee H. Wagstaff and David J. Wool of Andrus Wagstaff PC in Lakewood, Colorado.
U.S. District Court for the Eastern District of Missouri case number 4:17-cv-01950