People v. Jackson

176 Mich. App. 620 (1989)

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People v. Jackson

Michigan Court of Appeals
176 Mich. App. 620 (1989)

JL

Facts

Philip Jackson (defendant) was a branch manager for the Orkin Company. Jackson was a certified commercial applicator of pesticides under the Pesticide Control Act. Jackson sent Andrew Price, a noncertified applicator of pesticides, to James Gregart’s home to treat the home with chlordane, which is a pesticide regulated under the Pesticide Control Act. Price did not follow the recommended and accepted procedures for using chlordane, and Gregart filed a complaint with the Orkin Company. The Orkin Company fired Price, gave Gregart a refund, replaced Gregart’s carpet, and paid for medical examinations and testing for Gregart and his family. Gregart then requested criminal prosecution against Jackson under the Pesticide Control Act. The State of Michigan (plaintiff) charged Jackson with a misdemeanor for violating the Pesticide Control Act. Jackson entered a nolo contendere plea and reserved the question of his vicarious liability under the Pesticide Control Act for appeal. The trial court issued a fine of $100 against Jackson and assessed costs and fees. Jackson appealed to the circuit court, which reversed. The state appealed to the Michigan Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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