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Junk v. Terminix Int'l. Co., No. 08-3811

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By FindLaw Staff on December 09, 2010 10:41 PM

Insecticide Exposure Suit

In Junk v. Terminix Int'l. Co., No. 08-3811, an action alleging that plaintiff's son's multiple medical conditions were caused by exposure to Dursban, an insecticide manufactured by Dow Chemical Co., summary judgment for defendant is affirmed in part where the district court determined that plaintiff's expert had not used a "scientifically valid" method to estimate that plaintiff's son's exposure exceeded a safe level.  However, the court reversed in part where there was arguably a reasonable basis for predicting that the state law might impose liability based upon the facts involved against an allegedly fraudulently joined individual defendant.

  • As the court wrote:  "Rene Junk brought this action in state court on behalf of her son, Tyler (T.J.) Junk, against Terminix International Company (Terminix), Dow Chemical Company and Dow AgroSciences LLC (collectively Dow), and Terminix employee Jim-2- Breneman.  Junk alleged that T.J.'s multiple medical conditions were caused by exposure to Dursban, an insecticide manufactured by Dow, distributed by Terminix, and applied to the Junk household by Breneman and other Terminix employees."

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