Imprelis Discussion - it's damage, Dupont's Claim Process, Lawsuits filed, Experience

Discussion in 'Homeowner Assistance Forum' started by Starbuy, Feb 27, 2012.

  1. rosewater

    rosewater LawnSite Member
    from SALINE
    Posts: 63

    Have written two letters addressed to Ellen Kullman and two Dupont reps that have been quoted in newspaper articles. Received a response for both from Dupont rep. First letter requested that two dead 45' Norway Spruce be removed immediately because of proximity to house. Davey Tree was out in a week and took care of it but I still have large roots littering the area. Second letter addressed my loss of privacy on the east side of my house and the poor condition my Balsam Fir and Colorado were in and asked what was the status of my claim. I am appalled and disgusted by the way Dupont has handled this: very little info to the LCO's and homeowners. I should have a comp pkg by the end of May, but I have gotten quotes on cleaning up the area, readying the soil to plant, tree replacements etc but will still line up a lawyer because I believe I will need one. I expect nothing less than fairness and honesty from Dupont but they seem to be missing the mark.
     
  2. rosewater

    rosewater LawnSite Member
    from SALINE
    Posts: 63

    starbuy- where are you located and I would be interested in knowing who your Dupont contact its. thanks
     
  3. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    At this point I won't provide names publically of anyone I've spoken to at Dupont. It's understandable when a big corporation with lots of employees and subcontracted workers have differing views about issues and then some try to persecute anyone who they think is out of line in what they might say to those outside, otherwise known as media or victims of damage from their product. If the person asking me for their name works for Dupont, you can review the audio recordings of calls to check to see if employees are staying 'in line'. But, there are some good people working there that really do want to see victims treated fairly and I hope others won't hinder that process or openess in allowing information to be shared. When companies do try to shut mouths on these type of things it usually brings the wrath of government agencies at some point.
     
  4. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    We had one treatment, I'm sure at the price per gallon, it wasn't over dosed. Toxic diblitating sludge, I like that. My weeds are growing nicely so I guess there might be hope.

    Dupont can't tell us how long it'll stay in the soil, do you have an insider? I walked out tonight and looked and mine and the neighbors, my run off has deformed and is killing theirs, they didn't want their backyard treated because of their dogs.

    I'm upset over the trees but the blackberry bushes I thought were going to slide through this mess. Nope, flowers bloom and then the berry falls off and it gets crunchy.

    I'm gonna try to work with Dupont on a settlement, the attorneys want 33% not to mention additional charges. We've done all the work already but if I can't get a settlement that I agree with, I'll have to consider it. We'll see. I hate that its taken this long but in a way its been to my benefit to see what else is affected and dying.
     
  5. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    The $92,000 offer of 9 trees, trees were 49 ft tall.

    http://whmi.com/news/article/14313

    Settlement Deal Proposed For Dead Spruce Trees At Chemung Hills

    April 25, 2012

    4/25/12 - Oceola Township officials are expressing some concerns with a proposed settlement offer from a chemical company responsible for the deaths of trees at the Chemung Hills golf course. The course is owned by the township but operated by a management company, which discovered that nine spruce trees standing around 49 feet tall were dying from use of the chemical Imprelis, which is used to kill broad leaf weeds such as dandelions and clover. Four other spruce trees have showed signs of problems but officials believe those can possibly be saved. Township Supervisor Bill Bamber tells WHMI the chemical company DuPont has certified that the chemical was to blame but maintains it didn’t know it would kill the trees. DuPont has since offered the township a settlement, which Bamber says they are still reviewing with legal counsel. DuPont has offered to remove the trees at their own cost as well as give the township $92,000 to plant and maintain replacement trees. However, Bamber says a clause in the contract stipulates that when the township is paid, the company would be relieved of additional liability, other than a very limited clause for damage of the replaced trees. Bamber says they are still in discussions with legal counsel about the proposed settlement but have concerns because they are not familiar with the chemical and in fact, the company wasn’t even familiar with it because they didn’t know it killed spruce trees. He says they don’t know if they necessarily want to plant trees again in the same spots but also have concerns about residual issues with the chemical that could possibly affect new trees. Bamber says the chemical was taken off the market last August but it was also sprayed on many yards and residential lawns by companies, resulting in dead spruce trees all over the Midwest. The Chemung Hills golf course totals 149 acres and Bamber says once the damaged trees are gone, no one should know the difference. The matter is expected to be a topic of discussion when the township board meets next on May 3rd. (JM)
     
  6. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    I don't blame those officials who are troubled by the low offer by Dupont. Think about the TRUE cost/value of those trees. Just try to find a landscape professional who will dig nursery stock 49' tall pine, crane it onto a semi bed bring it to the location, remove the existing 49' tall pine and disgard it, remove and treat the affected soil, then use a crane to plant the new 49' tall pine, all for $10,000. Ain't gonna happen. It does not matter whether the property owner will or will not replace the tree, the lost value is the same in regard to the law. Plus, the fact the property owner will be responsible for any further soil problems the EPA may deem a problem, since agreeing to Dupont's deal means relinquishing them from further responsiblity. That's why so many are finding Dupont's offer woefully low for the true value of loss and responsibility. A lot for us to consider.
     
  7. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    I have priced replacement trees the size of mine, moving, I think they could only do 2 or 3 per truck and then to get something that size to grown after transplanting is iffy at best.

    The future soil problems scares me.
     
  8. Lawnguy8478

    Lawnguy8478 LawnSite Member
    from Pa
    Posts: 30

    Dupont said the were taking care of the removal. It is very easy to replace 9 45 ft spruces for 93k. Hell they will have plenty of money left over to be honest.

    By the way, I have no fear at all that the soil needs to be treated. Just using common sense, Imprelis absolutley knocked out violets and ground ivy last year. Take a walk around your neighborhoods and look at all the pretty purple flowers this year. That leads me to believe it is flushed from the soils.
     
  9. Lawnguy8478

    Lawnguy8478 LawnSite Member
    from Pa
    Posts: 30

    Let me rephrase that last comment. I have no fear(with how we applied it). Thankfully we used the lowest dosage possible on a spot treatment only basis.
     
  10. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

     

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