Janice Dollar, a Georgia widow, has moved to dismiss her wrongful death and product liability lawsuit against Monsanto Co. from federal court, indicating her intent to proceed with her claims regarding Roundup weedkiller in a Georgia state trial court. Dollar asserts that she wants the case returned to the Superior Court of Glynn County, Georgia, from which Monsanto removed it to the Southern District of Georgia.
In a Thursday motion, Dollar emphasized the necessity to address the procedural discrepancy, which she believes could deprive her of a remedy. She contends that had Monsanto not removed the case to federal court, she would have retained the right to pursue her claims in state court.
Dollar initially filed her complaint against Monsanto in June 2020 in Glynn County court, alleging that Roundup exposure caused her husband’s fatal cancer and her own cancer precursor condition. However, Monsanto removed the case to federal court the following month, citing diversity of citizenship.
Despite Monsanto’s denial of the allegations and assertions regarding the safety of Roundup, Dollar persisted with her legal battle. Her case faced setbacks, including the dismissal of wrongful death claims by U.S. District Judge Lisa G. Wood in June 2021, citing Georgia’s statute of limitations.
Dollar’s decision to seek dismissal from federal court aligns with her strategy to pursue her claims in the appropriate jurisdiction. She argues that Monsanto’s alleged concealment of Roundup’s dangers justifies tolling the statute of limitations, enabling her to proceed with her case.
Response from Monsanto
In response to Dollar’s motion, Bayer, Monsanto’s parent company, expressed sympathy but emphasized the necessity for Dollar to support her claims with expert testimony within the court’s deadlines. Bayer views Dollar’s actions as an attempt to circumvent legal proceedings and evade rulings on summary judgment motions.
As Dollar’s legal battle unfolds, the transfer of her case back to state court underscores the complexities of jurisdictional disputes and the challenges faced by plaintiffs in pursuing product liability claims. The outcome of Dollar’s motion will shape the trajectory of her litigation against Monsanto in the ongoing debate over the safety of Roundup weedkiller.
