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

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

  1. Ubetit

    Ubetit LawnSite Member
    Posts: 39

    I guess it depends on what you are interested in. If you don't want to pay a lawyer and want to take the money and run, it will be better for those people. My LCO tells me that many of his clients think the offer from Dupont is fair. These are the people that didn't spend a minute looking into this whole mess I assume. I'm not even sure my LCO is aware of all issues that this chemical may pose. My LCO is not aware that I have retained counsel yet.
     
  2. TreeNut

    TreeNut LawnSite Member
    Posts: 80

    We've also heard nothing from our LCP and HOA concerning our initial claim. My next door neighbor is contacting the attorney you recommended--he has a row of white pine dying. Looked better last year. I just went out to trim our barberi, and found a little evidence of damage there also. Hadn't noticed before.
     
  3. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    Debeers is supposed to be settled soon. What was supposed to be a % is looking like $626. Done with diamonds.


    I'm sure the ones that have one or two trees and don't want to replant are ok with the offer. Wonder what happens when they try to sell their home or more stuff continues to die.

    Glad I have a good attorney.
     
  4. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Cindy, do you have a link about the debeers settlement? I only read the one about the checks going out to the industry claimants first, but can't find information on the consumer part. Sorry, this is off topic a bit.
     
  5. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

  6. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

  7. redcabo7

    redcabo7 LawnSite Member
    Posts: 18

    I have been reading this thread and wanted to provide my facts. Unfortunately nothing good to report but I did get my Clami Resolution Agreement...of course which is not acceptable. I am fortunate my issue is not like others but damage to one or hundreds of trees is unacceptable. This is very labor intensive research and in the end all we want is what we had, healthy trees that will continue to grow and thrive in the conditions we originally planted.

    Nov 9, 2011 - Original assessment by my lawn care company
    • 3 trees marked impacted (1-Norway Spruce-25ft / 2-Colorado Spruce-15ft)
    Aug 1, 2012 - Received Dupont Claims Resolution Agreement for Tree Care (total $530, yes total), not replacement.
    Aug 18, 2012-Had a certified arborist evaluate these trees
    • 4 additional trees affected by Imprellis
    • Arborist stated charcoal will not resolve the issue as Imprellis was applied too long ago. Charcoal will only work if it was caught right away.
    • Arborist letter suggested Norway removal and Colorado treatment ($2400 for treatment) (I'm not so sure but they are the professionals)
    Aug 22, 2012 - Received third party quote for "proper" tree removal and replacement for all 3 trees ($14K)
    Aug 23, 2012 - This one is interesting...spoke to the owner of the company I work for who is also a lawyer. He said to file a lawsuit against my lawncare company. He said they are the one's who chose to use Dupont which included the chemical, not me. He said have them chase down Dupont for the money. Interesting concept he has but I don't feel like I could do that to a local company. Anybody have input on this one?
    Aug 24, 2012 - Began writing my rejection letter. I will provide them both the arborist option as well as full replacement. With the arborist, they are still on the hook until Dec 2013 if the trees don't react to treatment (the way they have declined it doesn't look hopeful). With full replacement they get me out of their hair. The letter states these trees without treatment are stressed and are in severe decline therefore I except payment within 30 days of the letter (just as they did to me). I will begin receiving legal counsel prior to the 30 days to ensure I am covered. Anybody who has joined forces with a legal team in Southeast Michigan please let me know.

    Hope this timeline and information was informative.
    DanB
     
  8. jp1216

    jp1216 LawnSite Member
    from OH
    Posts: 2

    First post (home owner only)
    Haven't read more that the last 10 pages or so of this thread. I live in NE Ohio.
    Received my 'claim resolution' today. 5 spruces (all 15-20ft). One marked for removal. 4 marked for treatment. 3 shrubs also marked for treatment. I also have 4 30ft white pines - but no mention of those. One of which is bad. The other 3 are questionable. My 'resolution' is for $1000 for the removal / replacement of my 1 spruce. $350ish for 'sorry' money. $850ish for treatment of the listed trees.
    I'm worried about my pines too. It mentions adding trees to the settlement before 12/2013. Small claim - I'm considering accepting and pushing hard for future claims before the 12/2013 deadline. Advice?
     
  9. TreeNut

    TreeNut LawnSite Member
    Posts: 80

    Your agreement sounds very low ball to me. I'd go for the individual lawsuit--get info from "Starbuy." Others?
     
  10. JoJo1990

    JoJo1990 LawnSite Member
    Posts: 244

    Assuming the LCO followed the Imprelis label (which is the law) and was within all other local laws set forth by their respective Ag departments, why would you go after he or she? A licensed applicator following the government's and product manufacturer's rules and laws...it would seem obvious to go after the manufacturer for making a faulty product.
     

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