GOLDSTEIN v. CHEVRON CHEM. CO., INC.


170 A.D.2d 482 (1991)

Ruth Goldstein, Individually and as Executrix of Seymour Goldstein, Deceased, et al., Respondents, v. Chevron Chemical Company, Inc., et al., Defendants, and Burgess Vibrocrafters, Appellant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 11, 1991


Ordered that the order is affirmed, with costs.

While spraying ortho insecticide manufactured by the defendant Chevron Chemical Company, Inc., with a "Jungle Fogger" unit manufactured by the defendant Burgess Vibrocrafters (hereinafter Burgess), the decedent was engulfed in a white cloud of insecticide. He told the plaintiff that the "stuff has got to me". He began vomiting and subsequently collapsed. Approximately one hour...

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