EDWARDSVILLE - A couple has filed suit claiming a herbicide drifted on to their farm, sickening one of them and partially destroying their crops.
William and Gayla Donahue, of Sunshine Farms, filed suit April 29 in Madison County Circuit Court against their neighbors Brian and Teresa Eckmann and Monsanto, which it is claimed produced the herbicide and is now owned by German conglomerate Bayer. They also named contractor Barry McMillin as a defendant. McMillin owns Bluff View Farms.
It is alleged the unnamed herbicide was sprayed by McMillin on half a field of corn owned by the Eckmanns in May 2018. The aim was to eradicate horse radish in the corn field, it is claimed.
The herbicide drifted on to the adjacent farm, causing personal injuries to Gayla Donahue and property damage to Sunshine Farms, including the destruction of the tomato crop and damage to strawberry and asparagus, the suit says.
It is alleged Gayla Donahue inhaled the herbicide and within weeks developed a bacterial infection that caused fluid to build up in her knee. She spent three weeks in a hospital, six weeks in a care home, and ultimately required knee surgery, according to the suit.
The exposure caused pain and suffering, and led to the couple spending money on medical care, it is stated.
The crop damage caused lost sales and profits, the couple claims.
Monsanto is accused of manufacturing a product with a design defect, according to the suit which claims the herbicide should have vaporized more easily and not drifted.
The couple also accuses Monsanto of product liability over its marketing and strict liability for manufacturing an "unreasonably dangerous" herbicide. It is also accused of negligence for failing to properly design and test the product.
The suit also includes a claim of trespass against the Eckmanns.
The couple wants the court to rule that the herbicide has defects and that these are safety related.
The plaintiffs, who are seeking more than $50,000 in damages, are represented by Lloyd Cueto of Belleville.
Madison County Circuit Court case number 2020-L-0608