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  #111  
Old 05-16-2012, 01:44 PM
Starbuy Starbuy is offline
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Join Date: Dec 2011
Location: Summit County, Ohio
Posts: 335
Quote:
Originally Posted by cindyb View Post
OH WOW, how many treatments? We only had one to toast ours. That kinda resembles my Japanese Maple.
The above photo shows what happened after just ONE application of Imprelis to my neighbor's yard. It then migrated down into my property after normal rainfall that May. His property is a couple feet higher elevation than mine. It was applied with the correct ratio according to the LCO's records back in May 2011. Amazingly strong chemical. My damage could not have been worse if you directly poured a gallon of Roundup total herbicide on top of my trees. Complete devastation.
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  #112  
Old 05-16-2012, 02:15 PM
Tree Lover Tree Lover is offline
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Join Date: May 2012
Location: Wooster, Ohio
Posts: 17
Hello everyone, new to the site but have been following your thread for sometime now since our property was also sprayed last June with imprelis. We have 54 trees that have now died and are dying. We live in Ohio and have filed our claim back in August. Dupont visited our property, which is residential. We have so many trees that surround our property which is a shame they were just starting to fill in nicely and give us the privacy we wanted. we have/had all white pine and Norway spruce. We have not heard from Dupont on our settlement either. It's a shame we waited almost a year. I just wanted to thank you for all the info you have shared. Like one person said I have gained more info on this thread then on any other dupont site or speaking with their reps. I spoke with them again last Friday and they tell me our settlement is in the final stages of being written up? It's hard to watch our trees die each day, and brown, twist, break off branch by branch. Please keep the info coming and any news if you receive your settlement. I am not sure how they will handle the amount we have of 54 trees, I know our yard will never be the same. I will try to attach some pictures. Look very similar to starguys. Thank you again for all the info you all have provided.
Ohio resident.
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  #113  
Old 05-16-2012, 02:29 PM
Starbuy Starbuy is offline
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Join Date: Dec 2011
Location: Summit County, Ohio
Posts: 335
Welcome Tree Lover and glad you're sharing with us your experience with Imprelis. It's very sad to see the death of your once beautiful landscape. You have more damage than many golf courses or cities have experienced. I'm also in Ohio. Seems many of us with extensive damage are the last to be given offers. We aren't the "easy ones" as Dupont has stated to me. Keep us up to date if you can and feel free to private message as well.
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  #114  
Old 05-16-2012, 02:49 PM
Tree Lover Tree Lover is offline
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Join Date: May 2012
Location: Wooster, Ohio
Posts: 17
Imprelis Damage in Ohio

Thank you Starbuy. I see you are in Summit. We are not far at all. We live in Wayne County (Wooster) you also have extensive damage then? How many trees have you lost/losing? It's a shame I read that your property was due to a neighbor's spraying of Imprelis. We had ours sprayed and have no neighbors on either side of us, so luckily no others were affected. We are very concerned due to the amount of trees we have and how it will ever be fixed. Dupont has stated we have the most trees affected on a resident property in the Wayne county area. Not sure if that is why ours has taken so long or as you said because we live in Ohio. Do you think because of our TREBLE law they are being cautious to do the right thing or do you think because Ohio has had the most damage?
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  #115  
Old 05-16-2012, 02:55 PM
Tree Lover Tree Lover is offline
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Join Date: May 2012
Location: Wooster, Ohio
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I also put these pictures together to show how the damage has increased over time from August 2011 to date.
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File Type: pdf Imprelis damage Wooster ohio Property_Layout 1.pdf (1.47 MB, 48 views)
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  #116  
Old 05-16-2012, 03:17 PM
Starbuy Starbuy is offline
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Join Date: Dec 2011
Location: Summit County, Ohio
Posts: 335
Quote:
Originally Posted by Tree Lover View Post
Thank you Starbuy. I see you are in Summit. We are not far at all. We live in Wayne County (Wooster) you also have extensive damage then? How many trees have you lost/losing? It's a shame I read that your property was due to a neighbor's spraying of Imprelis. We had ours sprayed and have no neighbors on either side of us, so luckily no others were affected. We are very concerned due to the amount of trees we have and how it will ever be fixed. Dupont has stated we have the most trees affected on a resident property in the Wayne county area. Not sure if that is why ours has taken so long or as you said because we live in Ohio. Do you think because of our TREBLE law they are being cautious to do the right thing or do you think because Ohio has had the most damage?
I 'only' have 16 that need replaced which is certainly not as bad as your situation. My whole west side that is dead was also my only privacy hedge from neighbors and my wind hedge during the winter west to east gusts that cause drifting. So the impact for my property value has been depreciated. My neighborhood is very formal and everyone landscapes with pros. My property stands out bad.

I agree that Ohio has a huge amount of damage compared to other states, from what I've learned. Imprelis was heavily marketed to Ohio LCOs (Ohioans are known for wanting perfect lawns in a fanatical way) and Ohio has mixed weather. We can go quickly from lots of rain to dry spells in summer. Also, Dupont surely has to keep in mind each states laws and what it will mean if more property owners head to court in states where Dupont will be penalized the most (district court moves the separately filed cases back to the state of origin if the plaintiff reject the settlement offer at district level/class action). But according to Davey Tree reps I've spoken with in Ohio, Dupont is still lowballing some of the first offers in hoping some who are less informed about true costs will just accept it. Some condo associations are heavily relying on their LCO's to 'take care' of everything and those are the type that just have communal property and thus less personal loss so they may accept the lowball offers too (just my guess). Some cities are accepting first offers, but then not replacing trees. That doesn't help most homeowners who will want to relandscape to get back the privacy and look they had before.
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  #117  
Old 05-16-2012, 03:23 PM
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cindyb cindyb is offline
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Join Date: Jan 2008
Location: KY
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Hi Tree lover, glad to have you posting but so sorry for your loss. Our back line of trees were for privacy. The farm behind sold and a subdivision was going in. So much for privacy.

I have 19 trees affected, 8 to 40 feet, most look like aliens, any new growth is deformed and the insides are empty.

My claim is supposed to be in the final stages also.
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  #118  
Old 05-16-2012, 04:14 PM
Starbuy Starbuy is offline
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Join Date: Dec 2011
Location: Summit County, Ohio
Posts: 335
Of course it is up to a court of law to determine if treble laws can be used in this case, but for those in Ohio wondering what the Ohio Revised Code states:

Ohio R.C. 901.51.

Such section states as follows: "No person, without privilege to do so, shall recklessly cut down, destroy, girdle, or otherwise injure a vine, bush, shrub, sapling, tree, or crop standing or growing on the land of another or upon public land. In addition, penalty provided in section 901.99 of the Revised Code, whoever violates this section is liable in treble damages for the injury caused."


Treble damages, in law, is a term that indicates that a statute permits a court to triple the amount of the actual/compensatory damages to be awarded to a prevailing plaintiff. Again, I disclose that I in no way am saying that Dupont will indeed suffer this. This is all up to the courts and each case. This is just information for those interested.
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  #119  
Old 05-17-2012, 09:17 AM
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cindyb cindyb is offline
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Join Date: Jan 2008
Location: KY
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Hoping after Dupont giving us all this extra time to research that our first offer will be reasonable but that doesn't include my extra losses since the original claim. The arborvites took longer to show damage and when the Dupont came for their visit, wouldn't include them on the inspection, said we'd have to put them on the counter offer. More time to watch trees deform and more landscape be affected.

We've had plenty of time for estimates and pics of on going damage, time to watch city and golf course offers, to watch Dupont flip flop on how to plant or not to plant and to form our own opinions of if our soil is safe for planting since they don't know how long if ever, will be safe to replant.

We've had time to watch Dupont let the LCO's take the blame and then admit it was their fault, not the LCO's. We've read the university reports on damage, followed the EPA (still don't know how something so toxic was released).

More time to think about what the Imprelis is doing to the soil and water and who is responsible in the future if we sign.

My husband won't look at the trees he planted, he'll look at the offer with me when it comes and thats about it. My LCO had 3 claims and we helped with the pics and paperwork. Who would have ever guess it would take this long.
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  #120  
Old 05-17-2012, 09:42 AM
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cindyb cindyb is offline
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Join Date: Jan 2008
Location: KY
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Looking at my site visit, this tree was upgraded. Not exactly sure what the growth is but its not normal, looks like an aspargus but different from the "pineapple" growth.
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