FILE – In this June 28, 2011, file photo, bottles of Roundup herbicide, a product of Monsanto, are displayed on a store shelf in St. Louis. A San Francisco jury’s $289 million verdict in favor of a school groundskeeper who says Roundup weed killer caused his cancer will face its first court test. Agribusiness giant Monsanto will argue at a hearing on Wednesday, Oct. 10, 2018 that Judge Suzanne Bolanos should throw out the verdict in favor of DeWayne Johnson. (AP Photo/Jeff Roberson, File)SAN FRANCISCO (AP) – A San Francisco judge said Wednesday she is considering tossing out the lion’s share of the $289 million judgment against agribusiness giant Monsanto and ordering a new trial over whether the company’s weed-killer caused a groundskeeper’s cancer.
San Francisco Superior Court Judge Suzanne Bolanos didn’t formally rule on any issues after a two-hour hearing to consider Monsanto’s demand to toss out the entire jury verdict in the first of thousands of similar cases across the country to go to trial.
The San Francisco jury in August said Monsanto knew – or should have known – its best-selling Roundup weed-killer causes cancer and hit the company with $250 million in punitive damages, which are designed to punish companies who act recklessly. The jury also awarded DeWayne Johnson $33 million in so-called “pain-and-suffering” damages and $6 million in actual damages.
But Bolanos issued a written tentative ruling ahead of the hearing saying she intended to strike down the punitive damages and schedule a new trial on that issue.
During the hearing, Bolanos also said she was troubled by the $33 million in “non-economic” pain-and-suffering damages the jury awarded. Johnson’s lawyer argued for $1 million a year for the next 33 years. But Monsanto’s lawyers argued that Johnson is expected to live for two more years – an argument that appeared to resonate with Bolanos who mulled out loud about fashioning an order reducing the entire verdict to under $9 million.