Verdicts & Settlements - Toxic Pesticide Death

Estate of Man Who Suffered Toxic Death Receives Full Homeowner's Insurance Policy Limits of Homeowner Who Stored Dangerous Pesticides in Wine Bottle

Plaintiff was at the home of defendant who had recently sold this home and was in the process of moving. A few days before, defendant had a garage sale seeking to get rid of things he had collected over the years. He had asked plaintiff to come to his home to help him get rid of the things he was unable to sell, which were in his garage. Among the various things defendant was unsuccessful in selling at his garage sale were various bottles of wine labeled, "Roma's Pride of the Vineyard." The evidence indicates defendant was uncertain the wine was any good and therefore asked plaintiff to try some. In essence defendant used plaintiff as a "taster."

Using a glass provided by defendant, plaintiff tasted the wine and then immediately spit it out stating that the wine is no good. Plaintiff immediately felt ill. He then got in his truck and drove home and vomited numerous times during the drive. When he got to his home he laid on his couch and told his wife and his children "I feel like the world is coming to an end." He was subsequently transported to Muhlenberg Hospital via ambulance. As it turns out, the bottle labeled "Roma's Pride of the Vineyard" was in fact not wine but was instead a highly toxic and illegal pesticide called Dinoseb. Plaintiff died early the next morning as a result of ingesting this pesticide.

Gerald Clark of the Keefe Bartels & Clark law firm conducted extensive legal research in the litigation and found the death of the plaintiff was the direct result of defendant's violation of N.J.S.A. 13:1F-1 et seg., the Pesticide Control Act of 1971, by storing deadly pesticide in wine bottles. N.J.A.C. 7:30-9.6, "Containers and Container labeling" states:

No person shall place or keep any pesticide in any container commonly used for food, drink, or household products.

N.J.A.C. 7:30-2.7 "General requirements" states:

(a) No person shall hold, use ... within this State ...

2.Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container...;

4. Any pesticide which is adulterated or misbranded;

5. Any pesticide in containers which have become unsafe;

...

(d) No person shall detach, alter, deface or destroy, wholly or in part, any label or labeling provided for in the Act or rules and regulations promulgated thereunder.

(h) No person shall hold ... any pesticide if part or all of its registered pesticide label or labeling is missing, obscured, altered, unreadable or otherwise damaged beyond use or recognition.

(I) No person shall handle ... any pesticide in a manner that may endanger man...

Defendant violated New Jersey law, as well as common sense, by keeping dangerous, banned pesticide in these wine bottles. The clear purpose of this law is to prevent the very harm which resulted in this case; i.e., someone ingesting the pesticide thinking it to be the food or drink the container and label says it is. Trial lawyer Clark was also able to show that it was of no moment under the Pesticide Control Act that defendant said he did not know the wine bottles contained pesticide. New Jersey common law similarly provides strict liability under these circumstances involving such ultra-hazardous substances.

Plaintiff suffered nausea; vomiting; severe diaphoresis; transferred to the hospital by ambulance; shortness of breath; rapid, shallow labored respirations; Intubated with an endo-trachial tube for airway protection and respiratory support; cardiac monitor showed sinus tachycardia; foley catheter inserted; frequent periods of mental confusion; agitation; restlessness requiring restraints for safety advancing to lethargy; rigidity of muscles; admitted to Intensive Care Unit; went into cardiac arrest with agonal breathing and asystole requiring cardio-pulmonary resuscitation; he became stiff with dilated fixed pupils, no pulse or blood pressure, unresponsive; Death; about 10 hours pre-death pain and suffering.

The case settled for the homeowner's full insurance policy limits of $300,000.

For more information or to speak with an experienced New Jersey toxic pesticide wrongful death lawyer, contact Keefe Bartels & Clark LLC.

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