Ind. Court Backs Pest Control Co.'s Trial Win In Pesticide Suit

Law360 (September 25, 2020, 9:52 PM EDT) -- An Indiana appellate panel on Friday affirmed a defense verdict in a suit brought against a pest control company for negligently spraying insecticide and allegedly causing two children to suffer a host of symptoms, saying the trial court didn't abuse its discretion by rejecting the family's proposed jury instruction.

Judge Melissa S. May, writing for the panel, said a jury instruction proposed by John and Janice Gresser and their daughters would have created ambiguities that were not explained in other instructions given to the jury. Their proposed instruction, based on Indiana's pesticide use statute, was rejected by the trial court after...

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