being sued for roundup (a bit long)

Discussion in 'Pesticide & Herbicide Application' started by yrdandgardenhandyman, Jul 19, 2005.

  1. yrdandgardenhandyman

    yrdandgardenhandyman LawnSite Senior Member
    from midwest
    Posts: 953

    First, I am not licensed to apply pesticides commercially, so I don't.
    I do, however, use it at my private residence. Last July, I applied some Roundup beside my garage. My neighbors garden is 3 feet from my garage. I mixed and applied according to label directions while the air was calm as I always do. A couple of weeks later my neighbors cucumber plants began to die off, by some kind of bacterial wilt, I now assume. In August of 2004 I have a Dept. of Agriculture inspector at my door informing me that my neighbor had accused me of killing his cukes with Roundup drift. He took a statement from my neighbor and me. The inspector also took vegetation samples from the neighbors garden. He also informed me that, to him, it seemed I did everything properly and that it didn't look like Roundup killed the plants. In Feb 2005 we recieved the report from DOA and the report stated that no Glyphosate was detected and in April, I received another letter informing me that no violation was found and the case was dropped. I thought the issue was resolved.
    In June 2005 I was served with a small claims action for, "poisoning of approximately 900 sq feet of garden space." The neighbor stated that this was because I poisoned his cukes with Roundup. :dizzy:
    When we went to mediation, as is required before a small claims action goes to trial, the neighbor started of on some tangent about how I am to stay 24" from any food plant and that I poisoned his bushes too. He had removed them and they looked healthy to me. Anyway, that had nothing to do with the case. The mediator decided to send this one to trial as the neighbor was getting quite agitated at that point.
    Just wondering if any of you have had any similar problem? I am going to contend that since the DOA found no Glyphosate in their samples that he has no case. My lawyer wants $350.00 as a retainer to go to court with me but states that it appears he has no case so I'm going to go alone because, as I said, I think the DOA report speaks for itself.
    Thanks for any comments.
     
  2. KathysLGC

    KathysLGC LawnSite Bronze Member
    Posts: 1,345

    The neighbor has no evidence to prove your guilty so when this is all done sue him for your time and put up a fence with the money you win.
     
  3. cleancutccl

    cleancutccl LawnSite Senior Member
    Posts: 698

    Start keeping track of all the hours this guy is wasting of your time and bill it at your normal hourly rate, probably $40 per hour. Let it go for a few months and collect some interest and then take him to small claims court, maybe even put a lien on his home. Obviously you are not friends with your neighbor and probably never will be.
     
  4. yrdandgardenhandyman

    yrdandgardenhandyman LawnSite Senior Member
    from midwest
    Posts: 953


    The lawyer says that's a possibility but wouldn't count on winning. I would have to prove that in his sick, drunken mind that he did this maliciously.


    Me putting up a fence, 5 years ago, to keep his stupid dog out of my yard is what started this stupid feud.
     
  5. Ric

    Ric LawnSite Fanatic
    Posts: 11,957

    Yard

    Sounds like something that would happen in NJ or NY, not the Midwest. The East Coast is sue crazy IMHO.

    Be sure to get copies of the agi inspectors report if you didn't keep the paper work. That alone will win the case if it is what you say it is. No use of inciting the neighbor any more by counter suing. Once again that something for the NorthEast sue Crazy Jerks to do. You still have to live next door to the guy and maybe after a while he will come to his senses and realize he is the jerk. No he will never be your bosom buddy, but it might prevent him from throwing Roundup Balloons on your yard. In his defense, Herbicides and Fungus can look much the same in appearance when first taking effect. I am sure he has his side of the story, But a judge will look at who is more clam cool and collected when trying to decide a case. His getting all upset will hurt his creditability. Your appearing as a reasonable type of guy will only help you with the Judge. remember he First has to prove you killed his plants, then what damage was caused. So you lose the cost of a couple of Cuke plants, Big deal The judge is not going to award him a fortune no matter how much he asks for.
     
  6. tjgray

    tjgray LawnSite Senior Member
    Posts: 294

    If your local DOA reports that no voilation could be found then I am betting the Judge will be prone to believe them :)

    Make sure you have a copy of the report and like others have said keep calm and collected :waving:
     
  7. TURF DOCTOR

    TURF DOCTOR LawnSite Silver Member
    Posts: 2,138

    Man i pity you i know about crappy neighbors.
     
  8. Redneckn

    Redneckn LawnSite Senior Member
    Posts: 294

    Well.. Ya know, my cukes were going to be prized veggies and I was going to be somebody in the Veg-World and now thanks do you and that chemical, that dream is lost. Also, me and my family could now suffer from all sorts of things due to your mindless spraying of hazardous chemicals in the neighborhood.


    Uh.. kidding.. I am NOT your neighbor. This guy sounds like a real prize to have next door.

    I agree about adding up the time spent on and countersue.
     
  9. gogetter

    gogetter Banned
    Posts: 3,256

    All I can say is this, I would be doing everything in my power (within the law) to be THE worst nightmare of a neighbor this guy has ever met.
     
  10. QualityLawnCare4u

    QualityLawnCare4u LawnSite Gold Member
    Posts: 3,758

    Man, this is absolutely pure bulls--t! Your neighbor needs to get a life big time. What a complete waste of your time! I agree with Geogun on this one! :angry:
     

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