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
    Messages: 335

    I have yet to hear from any scientist that has seen trees that were rated a 1 or 2 that fully recovered. As far as I and many others see it, if Imprelis damaged a tree, plant or shrub, DuPont 'owns' that plant, period. I expect full compensation for full replacement of any damaged plant, tree and shrub no matter the rating. I don't know if anything that was damaged will properly grow right in the future the way nature intended.
  2. TreeNut

    TreeNut LawnSite Member
    Messages: 80

    I agree, Starbuy! I have a Norway rated a 2, and I don't think it will ever grow in height again. Next spring will be the real test.
  3. michiman

    michiman LawnSite Member
    Messages: 43

    I really agree with both you and Treenut. I guess I/we have to determine how long and hard we should fight for the ultimate package. Once I bring in an attorney, I'm going to have to kick in at least 40% of any final compensation offer. I don't want to be caught at a point where I am forced into a class action suit and be forced to accept a $50.00 Bordines coupon while the attorneys clean up with millions. If I can come away with enough to clean up my yard and enough cash to use as an insurance against any other trees that croak or become too unsightly in the future and settle in a reasonable time frame, I'm inclined to go that route.

    The one Dupont offer I did see, appeared to be reasonable. I know in that particular case the homeowner countered the offer about six weeks ago, trying to get the removal cost paid directly to them. As of the last time I checked, he had not gotten a response from Dupont.
  4. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    michiman, I haven't heard of anyone being able to get DuPont, through the resolution, to pay the removal costs directly to the property owner even though they are the ones damaged and should have that compensation. That's one of the big problems with that resolution, and it seems, this recent class settlement. I believe that ALL compensation should be paid directly to the one who was damaged, the homeowner. Then, the homeowner arranges who they want working on their property. It's such a reasonable thing, but one in which DuPont seems against, maybe because of them trying to appease the LCOs? Not saying that's the reason, it just seems strange to insist on paying a third party instead of the property owner.

    Also, there are firms working on these cases that don't ask 40%.
  5. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    As far as taking more time in order to receive proper full compensation through either a court judgement on an individual case or a truly acceptable individual settlement which takes into account property value losses and other important factors, I've already been told by a phd that I probably should not attempt replanting for a number of years. So, the loss of the full intended use of my property and the detrimental effect that has on me is another thing that justifies additional compensation.
  6. michiman

    michiman LawnSite Member
    Messages: 43

    I would like to see exactly what Dupont will offer but I am curious to hear from others as to whether they have been offered replacement for trees rated 3 or ended up being offered maintenance. This would be a deal killer for me immediately.

    I'm wondering if possibly those that were offered replacement for "3" rated trees were those looked at by Dupont's reps and those that ended up being offered maintenance were "3"s rated by someone else. Still trying to understand the differences.

    I'm trying to be patient but Dupont's delays and silence are quite annoying. This process just shouldn't take that long IMHO. My last call to the hotline said I was in "Final stages", whatever that means. Something tells me my waiting is only wasting time - before I end up contacting a lawyer. 60% or 70% of something beats 100% of nothing!
  7. michiman

    michiman LawnSite Member
    Messages: 43

    Maybe after Christmas, I can find a good deal on some artificial trees to fill in the dead zones caused by Imprelis between my yard and the common area tennis and basketball courts... sorry but a lame attempt at humor is about all I can muster until I see some type or final resolution!

    BTW - this has been a great informative thread.
  8. cindyb

    cindyb LawnSite Senior Member
    from KY
    Messages: 354

    Any getting worse? I have 1's that are dead.
  9. PapaD

    PapaD LawnSite Member
    Messages: 32

    Actually, we have not formally looked at all our trees again. From general observation, it does not seem as if there has been significant changes.

    We do have an arborist scheduled to come to our property after we receive the CRA from DuPont. If we decide not to go to an attorney, they will look at all trees that DuPont is not offering to replace. If we decide to go with an attorney, then the attorney can send their arborist.
  10. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    Another way to evaluate a plant that was rated a 1 or 2 is to measure it, then measure the same variety somewhere else where Imprelis was never applied anywhere within 300 yards to be safe (if that's far enough?). Then in 12 months measure both again to see the growth difference between the two. That can reveal to you more than what your eye sees when you look at the Imprelis damaged one and think it hasn't changed. No visible change in a damaged tree also could mean no proper growth, therefore the damaged effects are still present. It should have grown normally. Also, what's happening at the root level? Are it's roots as healthy as the same type tree which was not damaged by Imprelis? I've seen trees rated 2 that tried putting out new growth but instead produced tumor like growths at it's terminals. Even some arborists have confused those with seed pods.
    Last edited: Nov 12, 2012

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