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

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

  1. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    LCO's could get their hands on the stuff even in states that it may have not been permitted in yet. Maybe there was some of the product being sold through secondary markets from one person to another such as on eBay or other sites like this one where pros connect. So many ways to get products through state or even national borders. Maybe some distributors were selling it into those states at a certain point thinking all was clear.
     
  2. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

  3. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

  4. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    I'd like to remind every property owner that you may only have another year or less to file in court against Dupont for Imprelis damage due to the 2 year statute of limitations. Look at the date of the initial spraying of Imprelis on your lawn (or adjacent properties) and count two years from that. But, it might be concluded that you could proceed within 2 years of the resulting damage, so that would mean as you see damage this summer then there may be two years from that (consult an attorney). There are reports now of further damage on trees, shrubs and plants just showing up now and more to come as we hit dry spells and the plant sucks up more of that toxin.

    Also, reportedly the Imprelis toxin has been known to migrate hundreds of yards from the initial application site as water takes it down to lower elevations. Keep an eye on the top new growth to see the new growth clustering or curling. What we see on the canopy is just the tip of the iceberg, as the roots below reportedly show even more damage and the plant can't take in the nutrients resulting in a slow death. Some professionals have not seen any actual recovery even from category 1 plants. Seems once it's hit it will eventually die or at the very least be permanently deformed and stunted...what recovery is that? Disclosure: I have no position in Dupont stock nor any plans to take a position (long or short) within the next year.

    Still waiting on my first offer from Dupont to arrive and will evaluate it, but I have even more damage since the last two site visits and costs to fix all this have gone way up. Not looking good for Dupont.

    Also, I understand insurance companies are refusing to pay one dime for Dupont's blunder; not to property owners and not to Dupont at this point since the insurance companies believe Dupont knew enough of the dangers and went ahead anyhow in marketing this chemical allegedly without proper labeling. Wouldn't want to be holding DD shares, that's for sure. But, that's just my perspective on their stock. Wait til their shareholders find out more and let's see if Dupont's insurance will even pay a penny for this.
     
    Last edited: May 29, 2012
  5. AIRCORP

    AIRCORP LawnSite Member
    Posts: 16

    Hi Cindy

    I really can't comment on what happened in Florida with these attorneys. If you give me more information I may be able to offer an opinion on this. Obviously, if the Florida Supreme Court offered this ruling, there had to be something wrong with what the attorneys were doing.

    I would suggest that you do not use this one instance to characterize attorneys in general. I'm not an attorney, but I've worked for many attorneys. Since 1993 I've only seen one attorney try to "cheat" their clients. In the end, that attorney was very upset because he ultimately had to face the consequences for his actions. He got what he deserved, and, the client also got what she deserved in the end.

    Good attorneys will "root out" bad attorneys.

     
  6. AIRCORP

    AIRCORP LawnSite Member
    Posts: 16

    No, New York and California never agreed to Imprelis applications in their states.


     
  7. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    Power outages and storms here, computer isn't working well.

    Thanks for the updates.
     
  8. Watty

    Watty LawnSite Member
    Posts: 3

    The offer I received included "Tree removal service to be provided by Dupont" listing a dollar amount value of that service. My counter offer letter asked for the dollar amount in lieu of the service. I simply stated that I prefer to make the arrangements myself. If they agreed to that, I would have settled. After a month of waiting, I received another copy of the original offer along with a letter stating that my counter offer was "REJECTED" After several attempts to speak with someone at Dupont about this detail, a representative finally did contact me. I was informed that the ONLY OPTION was for Dupont to make the arrangements...take it or leave it.
     
  9. AIRCORP

    AIRCORP LawnSite Member
    Posts: 16

    There may be other reasons for this. DuPont may not want you to measure the tree once it hits the ground and you find that they did not measure the tree correctly and perhaps under estimated its value.

    Now what are you going to do?

     
  10. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Welcome Watty. I see you're new here. Thank you for your input.
    Just a few questions:
    1. How many site visits were done and when was your claim sent in and by whom?
    2. Did you ever have any site visit done besides from the LCO (or are you the LCO)? Did Dupont send Davey Tree to measure your trees/shrubs with laser?
    3. When did you receive the first offer from Dupont and how long was it from the time the claim was submitted?
    4. What was the total $ compensation they offered you and for how many trees/shrubs/plants (heights and type)?
    5. What state are you located in?

    Are you affiliated with any law firm at this time?

    Thanks for any information you care to give us. It would be most helpful!
     

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