Clair v. Monsanto Co.

ROBERT G. DOWD, JR., Presiding Judge.

Ruth Nishida, Alison Tucker, and Nicholas White, Individually and as Representatives of the Estate of Mark White (“Plaintiffs”), appeal from the trial court’s grant of summary judgment in favor of Pharmacia Corporation (“Pharmacia”). Plaintiffs contend the trial court erred in granting summary judgment with respect to Plaintiffs’ cause of action brought under California law for design defect because: (1) the post-use disposal of polychlorinated biphenyls (“PCBs”) was foreseeable; and (2) the foreseeable and intended uses of Pharmacia’s “open use” PCBs…