In the Circuit Court of the Stateof Oregon for Jackson County
3/17/2021 4:49 PM 21CV10291 IN THE CIRCUIT COURT OF THE STATEOF OREGON FOR JACKSON COUNTY LARRY JOHNSON and GAYLE JOHNSON CASE NO. Plaintiffs, JURY TRIAL DEMANDED v. COMPLAINT FOR PRODUCTS LIABILITY, NEGLIGENCE, FRAUD, MONSANTO COMPANY, a corporation; BREACH OF WARRANTIES, LOSS OF EAGLE POINT HARDWARE, LLC, a CONSORTIUM corporation. Total Claim: $39,037,679.39 Defendants. Claim is Not Subject to Mandatory Arbitration Fee Authority: ORS 21.160(1)(e) COMPLAINT COMES NOW Plaintiffs, Larry Johnson and Gayle Johnson, by and through their undersigned counsel, and for their cause of action against Defendants Monsanto Company and Eagle Point Hardware, LLC, alleging the following upon information and belief (including investigation made by and through Plaintiffs’ counsel), except those allegations that pertain to Plaintiffs, which are based on personal knowledge: INTRODUCTION All claims in this action are a direct and proximate result of Defendants’ negligent, willful, and wrongful conduct in connection with the design, development, manufacture, testing, packaging, promoting, marketing, distribution, and/or sale of the products as Roundup®. Plaintiffs in this action seek recovery for damages as a result of LARRY JOHNSON developing Non-Hodgkin’s Lymphoma (“NHL”), which was directly and proximately caused by such wrongful conduct by Defendant, the unreasonably dangerous and defective nature of Roundup®, and its active ingredient, glyphosate, and the attendant effects of developing NHL. Plaintiffs did not know of an association between exposure to Roundup® and the increased risk of developing NHL until well after the International Agency for Research on Cancer (“IARC”), an agency of the World Health Organization (“WHO”), first published its evaluation of glyphosate.
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