Brown v. Chas. H. Lilly Co.

Plaintiffs, Robert and Shirley Brown, initiated this action for damages for personal injuries suffered as a result of exposure to defendant’s herbicide fertilizer product, Weed and Feed. The trial court entered summary judgment dismissing the claims on the ground that they are preempted by federal law. Plaintiffs appeal, arguing that the trial court erred in concluding that their claims are preempted. Defendant argues that the trial court was correct. In the alternative, it argues that dismissal was appropriate, because plaintiffs could offer no evidence of causation. We conclude that the…