People v. Jackson
Michigan Court of Appeals
176 Mich. App. 620 (1989)
Certified pesticide applicator Philip Jackson (defendant), a branch manager for Orkin, sent noncertified applicator Andrew Price to treat a customer's home with the regulated pesticide chlordane; Price failed to follow proper procedures, prompting a customer complaint that led Orkin to fire Price, refund the customer, replace his carpet, and pay for medical testing, but the customer nonetheless sought criminal prosecution against Jackson under the state Pesticide Control Act. Jackson was fined $100 after a nolo contendere plea reserving the vicarious-liability question for appeal; the circuit court reversed on appeal, and the state appealed to the Michigan Court of Appeals.
Whether a state pesticide-control statute, which makes a certified applicator "responsible" for pesticide applications by a noncertified applicator under his instruction and control, imposes vicarious criminal liability on the certified applicator despite not explicitly using the phrase "criminally responsible."