John and Janice Gresser v. Dow Chemical and Reliable Exterminators, Inc. - 2/20/13

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Wednesday  February 20, 2013 
11:00 AM  EST

11 a.m. 79A02-1111-CT-1014. In this appeal, John and Janice Gresser, individually and as parents and natural guardians of Elizabeth and Rebekah Gresser, allege that they were injured by a pesticide manufactured by Dow Agrosciences, LLC and applied by Reliable Exterminators.  Both the Gressers and Reliable Exterminators have requested that an oral argument be scheduled.  Among the questions presented in this appeal are: (1) whether the Gresser’s state law claims are preempted by the Federal Insecticide, Fungicide & Rodenticide Act; (2) whether the pesticide is defective under the Indiana Product Liability Act; (3) whether Reliable Exterminators was negligent in its application of the pesticide; (4) whether Gresser’s expert evidence is sufficient to prove causation; and (5) whether Gresser is entitled to punitive damages.

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