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Taylor v. Monsanto Co.

ELR Citation: 28 ELR 21561
Nos. 97-2469, 150 F.3d 806/47 ERC 1537/(7th Cir., 08/05/1998)

The court holds that a chemical manufacturer that sold polychlorinated biphenyls (PCBs) to an electric company had no duty to warn the company's employees about the human health risks associated with PCBs. The court first holds that the company is a sophisticated intermediary to whom the manufacturer had given adequate warnings about PCBs. The record is replete with uncontroverted evidence that the company was highly sophisticated about PCBs. In fact, the company's in-house knowledge about PCBs was so sophisticated that the company participated in federal and industry task forces and working committees on PCBs. In addition, the company's own amended complaint repeatedly alleges that the company knew of the medical risks from PCBs. Moreover, the company failed to point to a shred of evidence in the record suggesting that the company was ignorant or unsophisticated about the health effects of PCBs. Likewise, uncontroverted evidence in the record indicates that the manufacturer consistently warned the company about PCB dangers. And the company's argument that warnings were neutralized by misrepresentations that the manufacturer also made about PCB safety is premised on mere speculation.

Counsel for Plaintiffs
David McCrea
McCrea & McCrea
119 S. Walnut St., Bloomington IN 47404
(812) 336-4840

Counsel for Defendant
Michael Rosiello
Barnes & Thomburg
1313 Merchants Bank Bldg.
11 S. Meridian St., Indianapolis IN 46204
(317) 638-1313

Before Easterbrook and Evans, JJ.