Javier Alcala v. Monsanto Company
Opinion
Opinion
MEMORANDUM
Javier Alcala appeals pro se from the district court’s summary judgment in his diversity action alleging strict products liability and negligence claims arising from his occupational exposure to herbicides produced by Monsanto. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Primiano v. Cook, 598 F.3d 558, 563 (9th Cir.2010). We vacate and remand.
The district court granted summary judgment to Monsanto based on its finding that Alcala failed to provide evidence establishing a link between his injuries and Monsanto’s products. To the contrary, Al-cala provided detailed records establishing his workplace exposure to Monsanto’s products. Alcala provided medical reports that establish a link between his symptoms and his occupational exposure to herbicides, and there are specific references in some of those medical reports to glypho-sate, the active ingredient in Monsanto’s products. Alcala also submitted evidence that his employer and the county agency did not require a more protective filter on the spray truck that he used because Monsanto’s labels did not require such protection for non-agricultural occupational exposure.