Ruiz-Guzman v. Amvac Chemical Corp., 7 P.3d 795 (Wash. 2000)
In this case, three migrant farm workers sustained serious neurological damage after working with Phosdrin, a highly toxic pesticide, on an apple plantation in the state of Washington. They sued the manufacturer, claiming that the pesticide was too dangerous to be on the market; in fact, the state banned Phosdrin just six weeks after the farm workers sustained their injuries. The case was dismissed, and Baron & Budd was recruited to handle the appeal.
Working pro bono and with the assistance of several lawyers from Washington and the District of Columbia, Baron & Budd’s Brent Rosenthal persuaded the Washington Supreme Court to adopt rules for product defect cases that permitted the farm workers to proceed with their case. The case was settled on remand for an undisclosed sum.
Results depend on the facts of each case.