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Wednesday, August 11, 2010

Intentional Tort Claim Against Employer Proceeds for Pesticide Spraying

A US District Court in NJ is allowing a claim of injured agricultural worker to proceed against an employer directly for an intentional tort  flowing from a pesticide spraying. 

The workers, residents of Puerto Rico, were employed on  a NJ farm harvesting produce. hey were employed to work in fields that the employer recently applied pesticides or was actually spraying the pesticides. Is was alleged that the employer failed to provide medical assistance after the workers became ill and did not provide the employee's physicians with complete with complete information on the [potential pesticide exposure that would have allowed better treatment.

The Court denied the defendant's motion for summary judgement and is allowing the case to be heard.

Montalvo v. Larchmont Farmes, Inc., Civil Action No. 06-2704 (RBK/AMD) 2010 WL 3025045 (D.N.J.) decided July 29, 2010,

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