Tellez v. Dole

Banana-plantation workers in Nicaragua, including Tellez (collectively, the plantation workers) (plaintiffs), were exposed to dibromochloropropane (DBCP), a toxic pesticide, while working. Exposure to DBCP caused the plantation workers to sustain reproductive injuries, including sterility and infertility. The plantation workers sued a set of companies that controlled and directed the use of DBCP on the plantations, including companies that manufactured DBCP (collectively, the manufacturers) (defendants) and fruit companies that bought and distributed DBCP (collectively, the fruit companies) (defendants). The plantation workers pleaded three causes of action: (1) strict liability, (2) negligence, and (3) fraudulent concealment. Under the strict-liability claim, the plantation workers argued that pesticides containing DBCP were defective because the pesticides caused harm even when used in a foreseeable and intended manner. The plantation workers asked for exemplary damages because the manufacturers and fruit companies had evidence of the risks to human health presented by DBCP but produced and used the products regardless. Under the negligence claim, the plantation workers alleged that the manufacturers and fruit companies breached their duty of care to the plantation workers and other foreseeable users because the companies produced and purchased the DBCP products knowing the actions would almost certainly harm human health. Under the fraudulent-concealment cause of action, the plantation workers argued that the manufacturers and fruit companies actively concealed material facts about the dangers of DBCP from the plantation workers so the plantation workers would continue to use the products. The plantation workers requested exemplary damages to punish the companies.