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

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

  1. bailter

    bailter LawnSite Member
    Posts: 27

    I think you are right. A lot of the maples in the neighborhood that have not had any imprelis are also sending out tons of seeds. I am from Minnesota. It's been a wild ride weatherwise here. A lot of snow two winters ago, followed by a normal summer but a very dry fall and a winter without hardly any snow. Then an early spring but no rain in March and April, but now lots of rain in May. The only thing consistent in Minnesota is it's inconsistency.

    I have had all kinds of spruce die, arborvitae, stone pine, red pine, and white pine. No deciduous trees thank heaven.

    No Dupont proposal yet. I have been meeting with tree suppliers to find out what replacements will cost so I have ammunition when it does finally arrive. I am probably going to have to get smaller B&B trees to replace larger ones so that I don't completely destroy my lawn.


     
  2. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    My neighbor did have a couple deciduos trees die from Imprelis, but the damaged showed up last year. they are toast. Completely dead. We have not seen any improvement with any of the shrubs, evergreens or dec. trees in our area since the Imprelis damage last year. i think we should start seeing a lot of Dupont offers being sent out soon since they are seeing no improvement in the Michigan, Ohio, Penn areas. they were hoping by this time they'd see some improvement in some which would have lessened their compensation amounts, but they send out offers quickly in hopes some homeowners will be quick to accept while they think some of their least damaged ones might get treated for improvement. watch all the offers start coming in this month and no later than June. Once the dry season hits everything that had a little hope will be toast.
     
  3. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    Some of mine are putting out some new growth, deformed new growth.

    I'm watching my tame blackberries. Blooming but no berries. :( Never happened before. I make blackberry jam and blackberry wine and brandy. Gonna be upset if they are affected.
     
  4. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    Wondering if they accepted?
     
  5. bailter

    bailter LawnSite Member
    Posts: 27

    I am see really non uniform growth on the lesser affected trees. Some branches have nice lush new buds, while other branches have a few weak buds, and others have none. Maybe the ones with none are just delayed, but I am fearful that the tree will have really irregular growth. This is on the spruce trees, even ones that were rated 1. Interestingly enough, some of the fir trees that were rated 3 and 4 and had the whole top dead and most of the rest stunted, has new buds all over the place even in the nearly dead areas. Really doesn't make much sense to me.

    Does anyone have any idea if Dupont has stated how long they will have to respond to a rejection of their original proposal?

     
  6. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    Wondering if thats what they want, for you just to give in
    You aren't alone. My husband won't even look at the yard. All the time and care and one spray and our trees are toasted and deformed

    I haven't seen that many claims or press for Kentucky so you'd think they could zip right through ours. Apparently not.
     
  7. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    When I asked Dupont rep if rejecting their offer meant a 'take it or leave it' move, they said "No it is not take it or leave it, we understand there may be other factors and changed conditions that the homeowner can specify in their rejection letter that will be reviewed." And just like with the first offer they can't give a timeframe. For those with just 1 tree and small trees/shrubs in the claim they may not wish to wait, but for those of us with much more to lose it will be worth it to go through the second review, in my opinion, if the first offer is junk. We're talking about thousands of dollars on the line. And, if that doesn't work or the first offer is insulting then I'll just turn it over to a law firm and file a seperate case. You don't have to file in the class action. The individual cases, although being first under same district judge , once you reject the settlement your case moves back to state of origin. I suggest those in Ohio, which has very strong laws protecting landscape, consult a good attorney if the direct offer in this process is low (I did NOT say to hire an attorney before you're finished with the claims process). You also need estimates for ALL the work and replacement for size at time of planting if it's to match other trees/shrubs that were undamaged. Also, don't forget to include in your rejection letter (if you reject) any money you put into the care of the killed trees that is now wasted. It's amazing when I added up all the treatments I paid for over the years to help these grow, fertilizer, watering, insect control, now all wasted. Dupont owes me that too. It's all in my losses that they must compensate for.
     
  8. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Dupont is so big worldwide I don't think they are motivated to do anything out of feeling any threat from TV exposure or even a letter from your attorney. They've dealt with wrongful death cases (humans) and other tragedies and have lawyers out the wazoo. But, individual human beings work there and there are Dupont employees, I believe, who wish to right this wrong. At this point I'll give them the chance through this process they've set up and will continue to be friendly to whomever I speak to concerning my case. Not every company is evil, not every rep is just thinking about the company's bottom line. They have billions and billions in cash and their product hurt some of their very own shareholders' properties. I'll give them a chance to properly compensate me, all the while I continue to add to my documentation the continued suffering this has caused my property, my family and neighborhood in case I have to show everything to a jury. I will update everyone if I receive a proper letter and the outcome if able to. We'll get through this. Be patient.
     
  9. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    How long ago did they do your site visit? My trees started dying and deforming in May of 2011.

    I thought maybe they were doing the smaller claims first but my LCO only had 1 tree, 3 claims total.
     
  10. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    The Imprelis app on my neighbor's lawn took place last May and we noticed damage to my property in about a month or so after. I had my first official site visit by Stericyle and Davey Tree (hired by Dupont) in September then a second site visit in late October showing continued death. Been receiving the continued "it's in review" since December.

    Also, just heard from a journalist that I contacted that the Oceola Township officials that received the lowball offer from Dupont for their golf course trees have not yet decided whether they'll accept it or reject it and reply with their demands.
     

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