Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

Sternhagen v. Dow Company

Montana Supreme Court
935 P.2d 1139 (1997)


Facts

From 1948 to 1950, Charles Sternhagen sprayed crops using the herbicide 2,4-D. In 1982, Sternhagen was diagnosed with cancer and died. Sternhagen’s wife, Marlene Sternhagen (plaintiff) sued Dow Company (defendant), the maker of 2,4-D, alleging that the herbicide caused Sternhagen’s cancer. Dow argued that from 1948 to 1950 it neither knew nor had reason to know that 2,4-D might cause cancer. Dow sought to prove that it had no knowledge of 2,4-D’s danger by submitting state-of-the-art evidence. Marlene argued that there was no state-of-the-art defense under strict product liability. The trial court certified to the supreme court the question of whether, in a strict-liability case, state-of-the-art evidence is admissible to show that a manufacturer knew or should have known of an inherently unsafe product.

Rule of Law

Issue

Holding and Reasoning (Nelson, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 498,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 498,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial