Jeff Roberson, Associated Press
FILE - In this June 28, 2011, file photo, bottles of Roundup herbicide, a product of Monsanto, are displayed on a store shelf in St. Louis. Agribusiness giant Monsanto is asking a San Francisco judge to throw out a jury's $289 million award to a former school groundskeeper who said the company' Roundup weed killer left him dying of cancer.

SAN FRANCISCO — Agribusiness company Monsanto has asked a San Francisco judge to throw out a jury's $289 million award to a former school groundskeeper who said the company's Roundup weed killer left him dying of cancer.

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Attorneys for Monsanto said in court documents filed late Tuesday that DeWayne Johnson failed to prove that Roundup or similar herbicides caused his non-Hodgkin's lymphoma.

They said there was no evidence that Monsanto executives were malicious in marketing Roundup.

A jury last month determined that Roundup contributed to Johnson's cancer, and Monsanto should have provided a label warning of a potential health hazard.

It awarded Johnson $39 million in compensatory damages and $250 million in punitive damages.

Johnson's lawsuit is among hundreds alleging Roundup caused cancer.

His case was the first one to go to trial.