Mitchell v. City of St. Marys

Carley, Judge.

Appellant-Mitchell,. plaintiff below, filed suit against the appellee-City of St. Marys (City) and an employee of the City, Tony Weaver. Mitchell’s complaint alleged that “[a]t approximately 8:30 o’clock p.m., on the 30th day of August, 1977, the defendant Tony Weaver, who was employed by the defendant, the City of St. Marys, backed a truck containing an insect fogger device up to the building where plaintiff was employed and sprayed plaintiff with a highly poison and toxic chemical which plaintiff could not avoid inhaling and which caused severe chemical reaction within…