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GOEB v. THARALDSON

No. CX-98-2275.

615 N.W.2d 800 (2000)

Lawrence C. GOEB, et al., petitioners, Appellants, v. Timothy THARALDSON, d/b/a Duluth Quality Pest Control, Respondent, Dow Chemical Company, d/b/a DowElanco, Respondent, Elliot Silberman, plaintiff intervenor, Respondent.

Supreme Court of Minnesota.

August 17, 2000.

Attorney(s) appearing for the Case

Mark W. Gehan, Matthew A. Slaven, Collins, Buckley, Sauntry & Haugh, P.L.L.P., St. Paul, for appellants.

Mark S. Olson, Oppenheimer, Wolff & Donnelly, Minneapolis, Robert D. MacGill, Joseph G. Eaton, Barnes & Thornburg, Indianapolis, IN, for respondent DowElanco.

Nicholas Ostapenko, Johnson, Killen, Thibodeau & Sieler, Duluth, for respondent Timothy Tharaldson.

Earl Singh, Minneapolis, for intervenor Elliott Silberman.

Amicus curiae Product Liability Advisory Council, Inc. Wayne D. Struble, Bowman & Brooke, L.L.P., Minneapolis, Mary A. Wells, L. Michael Brooks, Jr., Wells, Anderson, & Race L.L.C., Denver, CO, Hugh F. Young, Jr., Product Liability Advisory Council, Reston, VA.

Amicus curiae Peter N. Thompson, St. Paul.

Amicus curiae Defense Research Instute and Minnesota Defense Lawyers Association Kay Nord Hunt, Lommen, Nelson, Cole & Stageberg, P.A., William M. Hart, Meagher & Geer, Minneapolis.

Amicus curiae Minnesota Trial Lawyers Association Wilbur W. Fluegel, Minneapolis.

Heard, considered, and decided by the court en banc.

OPINION

BLATZ, Chief Justice.

Appellants Lawrence and Diane Goeb brought this action against Respondents Timothy Tharaldson d/b/a Duluth Quality Pest Control (Tharaldson), and Dow Chemical Company, d/b/a DowElanco (Dow), alleging that they and their son were permanently injured by their exposure to the insecticide Dursban. Dow moved to exclude several of appellants' expert witnesses, and moved for summary judgment as to the issue of medical causation. In...

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