Diehl v. Polo Cooperative Ass'n

Plaintiffs, Harold Diehl (Harold) and Aileen Diehl, individually and as executors of the estate of Archie Diehl, sued defendants, Polo Cooperative Association (PCA) and its general manager Donnie Milby, for personal injuries Harold allegedly sustained from exposure to a mixture of herbicides recommended by defendants for use on Harold’s corn crops. The trial court granted defendants’ motion for summary judgment on the basis of preemption by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.A. § 136 et seq. (West 1999)). Plaintiffs appeal. We reverse and remand.

Harold…