SUPERIOR COURT OF CALIFORNIA
`
`COUNTY OF SAN FRANCISCO
`
`Document Scanning Lead Sheet
`
`Aug-10-2018 5:36 pm
`
`Case Number: CGC-16-550128
`
`Filing Date: Aug-10-2018 5:35
`
`JURY VERDICT
`
`Filed by: LINDA FONG
`
`Image: 06453172
`
`DEWAYNE JOHNSON VS. MONSANTO COMPANY ET AL
`
`001C06453172
`
`Instructions:
`
`Please place this sheet on top of the document to be scanned.
`
`
`
`COUNTY OF SAN FRANCISCO
`
`Document Scanning Lead Sheet
`
`Aug-10-2018 5:36 pm
`
`Case Number: CGC-16-550128
`
`Filing Date: Aug-10-2018 5:35
`
`JURY VERDICT
`
`Filed by: LINDA FONG
`
`Image: 06453172
`
`DEWAYNE JOHNSON VS. MONSANTO COMPANY ET AL
`
`001C06453172
`
`Instructions:
`
`Please place this sheet on top of the document to be scanned.
`
`
`
`PO4
`am . -
`OVC MOW"a
`'
`-
`swat 9.88;. m «m
`
`AUG 102E318
`
`CLERK OF'THE {zoom
`SUPERIOR COURT OF THE STATE OF CALIFORNIA—£33?“ gm gr
`
`FOR THE COUNTY OF SAN FRANCISCO
`""‘m"
`
`DEWAYNE JOHNSON,
`
`Case No. CGC-16-550128
`
`Plaintiff,
`
`VERDICT FORM
`
`v.
`
`Honorable Suzanne R. Bolanos
`
`MONSANTO COMPANY,
`
`Defendant.
`
`Department: 504
`
`
`
`
`
`We, the Jury, answer the questions submitted to us as follows:
`
`VERDICT FORM
`
`CLAIM OF DESIGN DEFECT
`
`Are the Roundup Pro® or Ranger Pro® products ones about which an ordinary consumer can
`form reasonable minimum safety expectations?
`
`Yes
`
`IX!
`
`No
`
`{El
`
`.
`
`If your answer to question 1 is yes, then answer question 2. If you answered no, proceed to
`question 4.
`
`Did Roundup Pro® or Ranger Pro® fail to perform as safely as an ordinary consumer would
`have expected when used or misused in an intended or reasonably foreseeable way?
`
`Yes
`
`IX!
`
`No
`
`El
`
`If your answer to question 2 is yes, then answer question 3. If you answered no, proceed to
`question 4.
`
`Was the Roundup Pro® or Ranger Pro® design a substantial factor in causing harm to Mr.
`Johnson?
`
`Yes
`
`E
`
`No
`
`El
`
`Answer question 4.
`
`
`
`CLAIM OF STRICT LIABILITY—FAILURE TO WARN
`
`Did Roundup Pro® or Ranger Pro® have potential risks that were known or knowable in light of
`the scientific knowledge that was generally accepted in the scientific community at the time of
`their manufacture, distribution or sale?
`
`Yes
`
`IE
`
`No
`
`El
`
`If your answer to question 4 is yes, then answer question 5. If you answered no, proceed to
`question 9.
`
`Did the potential risks of Roundup Pro® or Ranger Pro® present a substantial danger to persons
`using or misusing Roundup Pro® or Ranger Pro® in an intended or reasonably foreseeable way?
`
`Yes
`
`E]
`
`No
`
`[II
`
`If your answer to question 5 is yes, then answer question 6. If you answered no, proceed to
`question 9.
`
`Would ordinary consumers have recognized the potential risks?
`
`Yes
`
`V
`
`El
`
`No
`
`E1
`
`If your answer to question 6 is no, then answer question 7. If you answered yes, proceed to
`question 9.
`
`Did Monsanto fail to adequately warn of the potential risks?
`
`Yes
`
`v
`
`No
`
`I]
`
`If your answer to question 7 is yes, then answer question 8. If you answered no, proceed to
`question 9.
`
`
`
`
`
`Was the lack of sufficient warnings a substantial factor in causing harm to Mr. Johnson?
`
`Yes
`
`K
`
`Go to question 9.
`
`No
`
`I]
`
`CLAIM OF NEGLIGENT FAILURE TO WARN
`
`Did Monsanto know or should it reasonably have known that Roundup Pro® or Ranger Pro®
`were dangerous or were likely to be dangerous when used or misused in a reasonably foreseeable
`manner?
`
`Yes
`
`IXI
`
`No
`
`[I
`
`If your answer to question 9 is yes, then answer question 10. If you answered no, proceed to
`question 14.
`
`10.
`
`Did Monsanto know or should it reasonably have known that users would not realize the danger?
`
`Yes
`
`IZI
`
`No
`
`[I
`
`-
`
`If your answer to question 10 is yes, then answer question 11. If you answered no, proceed to
`question 14.
`'
`
`11.
`
`Did Monsanto fail to adequately warn of the danger or instruct on the safe use of Roundup Pro®
`or Ranger Pro®?
`
`Yes
`
`E]
`
`No
`
`El
`
`
`
`If your answer‘to question 11 is yes, then answer question 12. If you answered no, proceed to
`question 14,
`
`12. Would a reasonable manufacturer, distributor, or seller under the same or similar circumstances
`have warned of the danger or instructed on the safe use of Roundup Pro® or Ranger Pro®?
`
`Yes
`
`El
`
`No
`
`[I
`
`If your answer to question 12 is yes, then answer question 13. If you answered no, proceed to
`question 14.
`
`13. Was Monsanto’s failure to warn a substantial factor in causing harm to Mr. Johnson?
`
`Yes
`
`IE!
`
`No
`
`[I
`
`Proceed to question 14.
`
`CLAIM OF DAMAGES
`
`If you answered yes to question 3, 8, or 13, then answer the questions below about damages. If you did
`not answer or answered no to question 3, 8, and 13, stop here, answer no further questions, and have the
`presiding juror sign and date this form.
`
`14. What are Mr. Johnson’s damages?
`
`Past economic loss:
`
`Future economic loss:
`
`Past noneconomic loss:
`
`Future noneconomic loss:
`
`$
`
`39
`
`35
`
`$
`
`819,882.32
`
`1,433, 327.00
`
`LHDDD lb DD ‘ DB
`
`279mm ,500. 00
`
`
`
`15.
`
`Did you find by clear and convincing evidence that Monsanto acted with malice or oppression in
`the conduct upon which you base your finding of liability in favor of Mr. Johnson?
`
`PUNITIVE DAMAGES
`
`Yes
`
`E]
`
`No
`
`El
`
`If your answer to question 15 is yes, then answer question 16. If you answered no, stop here,
`answer no further questions, and have the presiding juror sign and date this form.
`
`16.
`
`Was the conduct constituting malice or oppression committed, ratified, or authorized by one or
`more officers, directors, or managing agents of Monsanto acting on behalf of Monsanto?
`
`Yes
`
`El
`
`No
`
`El
`
`If your answer(s) to question 16 is yes, then proceed to question 17. If you answered no as to
`question 16, stop here, answer no further questions, and have the presiding juror sign and date
`this form.
`
`17. What amount of punitive damages, if any, do you award to Mr. Johnson?
`
`$ A 236, ODD ,DDDDD
`
`Signed:
`
`Presidi
`
`Juror
`
`Dated:
`
`ll%§U9\V '0! 331%
`
`After this verdict form is signed and dated, please notify the bailiff that you are ready to present
`the verdict in the courtroom.
`
`
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