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COUTURE v. DOW CHEMICAL U.S.A.

No. CV-91-087-BU.

804 F.Supp. 1298 (1992)

David W. COUTURE v. DOW CHEMICAL U.S.A., an operating unit of The Dow Chemical Company; Sandoz Crop Protection Corporation; Platte Chemical Co., Inc.; American Cyanamid Company; Loveland Industries, Inc.; E.I. Dupont de Nemours & Co.; Monsanto Company; and West-Chem, Inc., d/b/a West Chem Agricultural.

United States District Court, D. Montana, Butte Division.

October 2, 1992.

Attorney(s) appearing for the Case

David M. McLean, Ray J. Dayton, Knight, Dahood, McLean & Everett, Anaconda, Mont., for Couture.

Gary L. Graham, Missoula, Mont., for Sandoz Crop.

Robert M. Carlson, Corette, Pohlman, et al., Butte, Mont., for Dow Chem. & Amer. Cyanamid Co.

Robert Planalp, Landoe, Brown, Planalp Braaksma P.C., Bozeman, Mont., for Westchem, Loveland Indus. & Platte Chemical.

OPINION

HATFIELD, Chief Judge.

In this diversity action, David Couture alleges the T-cell lymphoma from which he is afflicted was caused by his exposure to herbicides manufactured and marketed by the defendant chemical companies. Couture's complaint advances several bases of recovery predicated upon various theories of tort law recognized in the State of Montana, including the theory of strict liability in tort. The strict liability claim is predicated upon...

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