1. Missed the live Ask the Expert event?
    Not to worry. Check out the archived thread of the Q&A with Ken Hutcheson, President of U.S. Lawns, and the LawnSite community on the Franchising Forum.

    Dismiss Notice

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

    only five months till June and planting season....anyone have any updates on the Imprelis cases?
     
  2. PapaD

    PapaD LawnSite Member
    Posts: 32

    Still waiting, but I have 2 questions for those who have received their CRA.

    1. Has DuPont denied liability for any trees that were included on your claim report?
    2. How has DuPont handled any trees that were taken down before it was known that Imprelis was the cause of the tree dying. We took down several small trees in May 2011 because they had died, not realizing that they were killed by Imprelis.

    I am just trying to be prepared for when the big day finally arrives.
     
  3. michiman

    michiman LawnSite Member
    Posts: 43

    I can't give an answer on question #2 but as to the first, on the one claim I saw, Dupont did either replace or offer maintenance on every one of the trees, even those listed as a 1 or 2. As to the question of "liability", of course they went out of their way to explicitly state that the agreement is not evidence of fault. That's kind of stupid since the preponderance of evidence is quite undeniable.

    If any jury needs proof, they don't have to look any further than my own case. Not only did the large 25' to 35' trees along my property see damage but the site condo association White Pine right off the corner of my property is showing the same devastating damage. The two other trees the association planted at the exact time away from my yard look beautiful and are as green as the day they were planted some ten or more years ago. Dupont can write anything they care to in their agreements, anyone with an ounce of intelligence sitting on a jury would have to side with the plaintiff.

    I thought I saw that you were told Dupont had mailed your agreement back in September or October to your management company? Are they still dragging you around? When did you begin the process?
     
  4. PapaD

    PapaD LawnSite Member
    Posts: 32

    We had our original inspection on 12/13/11.

    I am not sure where to start, but we are still waiting for the CRA. Here is a brief history of the past few months.

    1. In August, we got a phone call from DuPont that we should have our CRA within 3 weeks.

    2. Four weeks later in September, we were told that the CRA had been sent to our management company and returned to DuPont as "undeliverable".

    3. Later in September, we were told that our request to have the CRA sent to me as the President of the HOA delayed everything and if we did not have it in 4 to 6 weeks call back for an update.

    4. In October, I was told that the final draft of the CRA had been sent to Legal for final approval to send it to us.

    5. Later in October, they called and asked if all of the trees were on common property. When I said no, they asked me to send them information regarding the ownership of the trees. Two of the 215 trees on our claim report were on privately owned property and I emailed them the names and addresses for the ownership of those trees.

    6. In early November, the person that I had corresponded with was no longer with them and her replacement told me she could not answer my questions and I had to call the hot line to get an update. As we all have experiences, that was another very frustrating call.

    7. In late November, they called and said that they needed "proof" that I was the President of the HOA and I should fax that to them. Two days later, I faxed them a copy of the minutes for the meeting where I was elected President and also a letter from our property manager confirming it. I did get confirmation that my fax was sent successfully.

    8. After the holidays, since I had not heard anything, I called the lady who had asked for the fax and was told that they had no record of receiving the fax. I gave her the exact time that the fax was sent. She checked for it and called me back saying that it could not be found.

    9. I resent the fax and did get a phone call confirming that it had been received and was being dent to Legal. About an hour later, I got a phone call from Legal confirming that they had it and asking a question regarding the ownership of the trees. I referred her to my previous email, which I had included in the fax. Supposedly, they now had everything they needed from me. I asked when I could expect to receive the CRA and I probably do not have to tell anyone on this forum what the response was - "We cannot state when the CRA will be sent but we are working as fast as we can".

    10. It is now 10 days later and as I have for several months now, I still optimistically go to the front door every time I hear a noise, but nothing yet. Maybe tomorrow.

    Just typing out this history, I can feel my blood pressure rising again. The doctor just increased my medicine again. When this is all over, I can probably go off the medicine all together.

    I will let you know when I finally do get the CRA.
     
  5. michiman

    michiman LawnSite Member
    Posts: 43

    "We cannot state when the CRA will be sent but we are working as fast as we can"

    Haaa! Haaa! They must be kidding.

    We actually have the reverse situation here but obviously nowhere near the amount of trees involved. I made the original claim but our HOA had one, and possibly a second tree with damage from Imprelis from our lawn care company.

    I'm sure that based on the huge amount of damage on your association property, it is somewhat understandable that they have to dot the i's and cross all the t's. Like you, getting clarification on whether trees rated as "3" are scheduled as replaced or maintenance can make or break any possible agreement as would being forced to pay Dupont's contractors for removal.

    Keep your meds filled. Good luck
     
  6. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    That's crazy to put your health in jeopardy. Have you at least spoke to an attorney?
     
  7. PapaD

    PapaD LawnSite Member
    Posts: 32

    Yes, I have spoken with a few attorneys several months ago and one did email me some information. I am a little surprised that they have not followed up with a call or email. I guess they are quite busy with the clients that have signed up.

    My blood pressure was a little sarcastic as I was on blood pressure medicine long before I ever heard of Imprelis.
     
    Last edited: Jan 16, 2013
  8. agrostis

    agrostis LawnSite Silver Member
    Posts: 2,250

    If you have plant problem's, and your not satisfied at the resolution, and you anticipate more problem's down the road. Take soil sample's and plant sample's (find out what is a sample), send those to your respective state university's plant pathology department's for testing. Tell them exactly what you are testing for. Those test result's will be legal evidence. It sound's like you are getting the run-around, maybe this will help.
     
  9. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Another article on Imprelis; this one from twincities.com:

    Excerpt:
    "Mark Stennes, plant pathologist for S&S Tree and Landscaping Specialists of South St. Paul, has seen thousands of trees that he thinks Imprelis damaged or killed.
    "I have seen whole quarter-mile rows of trees smoked by this," Stennes said. In 33 years in the business, "this is absolutely the worst I have ever seen."
    Even with Imprelis off the market for 15 months, the worst might not be over.
    Kathy Zuzek,, assistant professor at the University of Minnesota Extension Service, said Imprelis mimics natural hormones to prevent plants from growing.
    It's very slow-acting. That means trees that appear healthy might yet die because of Imprelis. " - http://www.twincities.com/ci_22415500/dupont-herbicide-imprelis-doing-number-minnesota-trees (article posted 1/20/13, article accessed 1/21/13)
     
  10. TreeNut

    TreeNut LawnSite Member
    Posts: 80

Share This Page