BELLEVILLE — A former crop duster is suing Chevron and others alleging his exposure to the herbicide paraquat led to his Parkinson's disease.
Michael Kearns and Jean Kearns filed a complaint Dec. 21 in the St. Clair County Circuit Court against Syngenta Crop Protection LLC, Syngenta AG, Chevron Phillips Chemical Company LP, Chevron U.S.A., Inc., and Growmark Inc., alleging strict product liability, negligence, violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, breach of implied warranty of merchantability and other claims.
The Kearns allege in their compliant that between 1969 and 1981 Michael Kearns worked as crop duster and was "repeatedly exposed" to the chemical paraquat. The plaintiffs allege Michael Kearns "inhaled, ingested or absorbed" paraquat that was sprayed on farm fields in the areas of Edgerton, Wisconsin and Danville, Ill.
They claim Kearns' diagnosis of Parkinson's disease in November 2019 is a direct result of his exposure to the herbicide manufactured and sold by the defendants.
The Kearns claim in their suit that the defendants failed to give warnings that repeated exposure to the chemical was likely to cause neurological damage and failed to protect those entering the farm fields or orchards where the paraquat was sprayed. They further allege the defendants failed to do "adequate testing" regarding "spray drift" to nearby areas.
The Kearns seek compensation of more than $50,000 and all other just relief. They are represented by Kenneth Brennan and Tor Hoerman of TorHoerman Law LLC in Edwardsville, N. Majed Nachawati and Patrick Luff of Fears Nachawati PLLC in Dallas and Aimee Wagstaff and David Wool of Andrus Wagstaff PC in Colorado.
St. Clair County Circuit Court case number 20-L-1006