Sternhagen v. Dow Company

935 P.2d 1139 (1997)

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Nature of the Case

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Facts

During the summer months of 1948, 1949, and 1950, Charles was employed by a crop spraying business in northeast Montana. Sternhagen (P) claims that during that time, Charles Sternhagen was exposed to the herbicide, 2,4-D. In 1981, Charles, a medical doctor specializing in radiology, was diagnosed as having a form of cancer which P claims was caused by his exposure to the herbicide 2,4-D during the years 1948 through 1950. Dow (Ds) dispute the claim that there is a causal link between the herbicide 2,4-D and the type of cancer from which Charles died. Ds claim neither they nor medical science, knew or had reason to know of any alleged cancer-causing properties of the herbicide 2,4-D during the years 1948 through 1950. P seeks recovery under the doctrine of strict liability in tort for injuries and damages allegedly sustained as a result of Charles' exposure to the herbicide 2,4-D during the years 1948 through 1950. The court certified a question.