Judge: Groundskeeper Failed to Show Monsanto Acted with ‘Malice’ in Landmark Case | WHAT REALLY HAPPENED


Judge: Groundskeeper Failed to Show Monsanto Acted with ‘Malice’ in Landmark Case

A California judge opened the door Wednesday to a do-over of the landmark trial that awarded California groundskeeper DeWayne Johnson $289 million in damages from agri-chemical giant Monsanto after he claimed constant use of the company's Roundup weed-killer caused his cancer.

San Francisco Superior Court Judge Suzanne Bolanos issued a tentative ruling ordering a new trial, arguing that Johnson did not present "clear and convincing evidence of malice or oppression" on the part of Monsanto, The Associated Press reported.

The jury had awarded Johnson $39 million in compensatory damages and $250 million in punitive damages. It is the second award, based on the assumption that Monsanto deliberately withheld information about the safety of Roundup, that might be subject to a new trial. Bolanos said Johnson had not produced evidence that Monsanto employees believed the Roundup he was using would cause cancer. Bolanos further said she may also reduce the $39 million to $31 million if she upholds the ruling that exposure to Roundup did indeed cause Johnson's non-Hodgkin lymphoma.

Bolanos asked for written arguments from the lawyers for both sides by Friday and will issue her final ruling once she has reviewed them.

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