Smith v. Monsanto Co.

MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court on the motions of the defendant, Monsanto Company, for summary judgment.

I. Background

Plaintiffs, William and Blanche Smith, originally filed this action against the defendant, Monsanto Company (hereinafter “Monsanto”), on May 14, 1991. Following Mr. Smith’s death on December 14, 1991, an amended complaint was filed which substituted Blanche Smith, Administratrix of the Estate of William E. Smith, in the place and stead of her deceased husband. 1

In the amended complaint, plaintiff contends that Mr. Smith was employed by…