Malathion exposure suit goes to state high court.The California Supreme Court will decide whether pesticide manufacturers must alert the public to the hazards of malathion when government agencies that spray the chemical fail to issue adequate health warnings to bystanders who could be exposed to it. The high court agreed recently to review a California Court of Appeal ruling that marked a significant victory for product safety advocates and dramatically increased pesticide manufacturers' accountability for their products. (Macias v. California, No. S039245, 1994 WL 364334 (Cal. June 21, 1994) (order granting review).) The case arose in 1990 when Juan Macias, 14, was exposed to and subsequently became blind from the pesticide. Malathion was sprayed from helicopters over his home near Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. as part of a state and county program to eradicate Eradicate To completely do away with something, eliminate it, end its existence. Mentioned in: Smallpox Mediterranean fruit flies Mediterranean fruit fly: see fruit fly. Mediterranean fruit fly or Med fly Fruit fly (Ceratitis capitata) proven to be particularly destructive to citrus crops, at great economic cost. , considered a threat to the state's vast fruit-growing industry. Macias was trying to cover the family car when he was drenched drench tr.v. drenched, drench·ing, drench·es 1. To wet through and through; soak. 2. To administer a large oral dose of liquid medicine to (an animal). 3. with the chemical. His parents filed a $10 million lawsuit against the manufacturers (American Cyanimid Co., Platte Chemical Co., and United Agri Products Co.), the government agencies, and the helicopter company that sprayed the pesticide. The Maciases alleged negligent failure to warn of malathion's dangers. The Maciases' lawyer, Barrett Litt, said authorities announced the spraying program to local residents but issued no warnings about malathion's potential health hazards health hazard Occupational safety Any agent or activity posing a potential hazard to health. Cf Physical hazard. . "They said it would erode Erode (ĕrōd`), city (1991 urban agglomeration pop. 361,755), Tamil Nadu state, S India, on the Kaveri River. The city is located in a cotton-growing region, and its industries include cotton ginning and the manufacture of transport equipment. the paint on cars, but they said nothing about the danger to humans or what to do if they came into contact with the pesticide," Litt said. State Responsibility The trial court found that the manufacturers had no duty to warn duty to warn AIDS A legal concept indicating that a health care provider who learns that an HIV-infected Pt is likely to transmit the virus to another identifiable person must take steps to warn that person bystanders like Macias because the state held that responsibility. The court dismissed the corporations from the case, leaving as defendants the government agencies and the helicopter company that sprayed the chemical. The California Court of Appeal reversed. The court found that the manufacturers had a duty to inform the public about malathion, even though the state ordered the spraying and was also obligated ob·li·gate tr.v. ob·li·gat·ed, ob·li·gat·ing, ob·li·gates 1. To bind, compel, or constrain by a social, legal, or moral tie. See Synonyms at force. 2. To cause to be grateful or indebted; oblige. to warn the public about its dangers. The manufacturers' lawyer, Roy Weatherup, quoting from his petition for review, contended that the appellate court's decision created an "unmanageable extension" of negligence law and an "intolerable duty ... to warn the world about their products forever." Weatherup said he expects the supreme court to issue its decision late next year. |
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