Eriksen v. Mobay Corp.

—Alleging that he was damaged by exposure to pesticides, Peter Eriksen sued the pesticide’s manufacturer, the applicators, and his neighbors under theories of negligence, strict liability, trespass, and product liability. Prior to trial, his claim against the pesticide’s manufacturer was dismissed on summary judgment because the court held that the claim was preempted by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Mr. Eriksen’s remaining claims were dismissed when he did not personally appear for trial. Mr. Eriksen appeals both the summary judgment dismissal of his claim…