Legal Opinion

Yowell v. Chevron Chemical Co.

Missouri Court of Appeals

Decided July 13, 1992No. 17605PublishedCited by 10 opinions

1Opinion of the Court

FLANIGAN, Chief Judge.

This is an action for the wrongful death of William Yowell, Jr., who died on September 5, 1985, allegedly as a result of his use of the pesticides Malathion and Orthene, manufactured by defendant Chevron Chemical Company. Plaintiffs are the surviving spouse, child and parents of decedent. The two-count petition was based on alternative theories of strict liability and negligence. Each count alleged that Chevron “did not give an adequate warning of the dangers” of the pesticides.

Chevron filed a motion for summary judgment on the ground that the two pesticides “are within…

Also in this document: Concurrence.

2Cases cited16 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  3. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  4. Wisconsin Public Intervenor v. MortierSupreme Court of the United States · 1991
  5. Chicago & North Western Transportation Co. v. Kalo Brick & Tile Co.Supreme Court of the United States · 1981

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3Cited by10 opinions

  1. Jenkins v. Amchem Products, Inc.Supreme Court of Kansas · 1994
  2. MacRie v. SDS Biotech Corp.New Jersey Superior Court Appellate Division · 1993
  3. Goodwin v. BaconWashington Supreme Court · 1995
  4. DerGazarian v. Dow Chemical Co.District Court, W.D. Arkansas · 1993
  5. M & H Enterprises v. Tri-State Delta Chemicals, Inc.Missouri Court of Appeals · 1998

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