ELR Citation: ELR 21377
No(s). 89-1494 (7th Cir. Jun 21, 1991)

The court holds that plaintiff's state-law claims alleging that a lawn service company's negligent application of pesticides in her neighborhood caused her and her son to suffer numerous ailments do not fall within the primary jurisdiction of the Environmental Protection Agency (EPA). Plaintiff's claims state a cause of action for negligence and strict liability. The court finds that resolution of these claims does not depend on technical assessments of the pesticides' effects or of EPA policies or regulations, which would require EPA's expertise. The court further notes that EPA does not provide punitive and compensatory damages which plaintiff seeks. Thus the court, rather than EPA, is the appropriate forum for plaintiff to recover damages.

Counsel for Appellant
Dennis E. Carlson
208 S. LaSalle St., Chicago IL 60604
(312) 263-4700

Counsel for Appellees
Michael Warbrough
10 W. Broad St., 1 Columbus, Columbus OH 43215
(614) 464-1211

Before COFFEY and POSNER, Circuit Judges, and ESCHBACH, Senior Circuit Judge.