Imprelis Lawsuit Alleges a Single Application of Imprelis Herbicide to Their Lawn Caused Significant Harm and Damage, Including Death, to at Least 15 Trees on Plaintiffs’ Property.
Wright & Schulte LLC, a personal injury law firm, announces they have filed another Imprelis lawsuit, this time on behalf of property owners in Fairborn, Ohio, who sustained significant harm and damage, including death, to at least 15 trees on their property, allegedly due to a single application of Imprelis herbicide. The complaint, which was filed on July 14, 2012 in U.S. District Court, Southern District of Ohio, Western Division at Dayton, names E.I. DuPont De Nemours and Company as a Defendant (Case No. 3:12-cv-00232-TMR).
According to the lawsuit, Imprelis herbicide was introduced by DuPont in October 2010 and marketed as a safe and effective way to treat the most common and hard to kill broadleaf weeds present in turf grass without any negative impact on surrounding plants. However, the Plaintiffs allege that DuPont’s representation of Imprelis as being environmentally friendly and safe to use is simply not the truth. The lawsuit charges that in its relatively short time on the market, DuPont’s Imprelis has proven to be a frighteningly effective tree killer.
According to the complaint, a lawn care company applied Imprelis herbicide to the lawn at the Plaintiffs’ Fairborn property one time, on June 29, 2011, in accordance with the directions, instructions, advertising, representations and warranties supplied by DuPont. The complaint allege that Imprelis caused significant damage and harm to 15 trees on the Plaintiffs’ property, including browning, curling, twisting, and death, that was confirmed by a certified arborist. Due to the ongoing nature of the contamination caused by Imprelis, the Plaintiffs claim they have yet to discover the full extent of the damage to trees, plants, shrubs and/or soil remediation. Among other things, the Plaintiffs are concerned about whether they will ever be able to replace the trees killed by Imprelis, and have begun assessing the costs of soil remediation including the disposal of contaminated soil in accordance with U.S. Environmental Protection Agency (EPA) guidelines.
After investigating hundreds of reports of Imprelis tree death throughout the Northeast and Midwest U.S., the EPA issued a Stop Sale and Removal Order for Imprelis in August 2011. By the time Imprelis was pulled from the market, it had killed or damaged thousands of ornamental landscape trees, including Norway spruces, eastern white pines, conifer trees, willow trees, poplar trees, deodora cedars, and balsam fir trees, the complaint alleges.
According to a report published by The New York Times on June 22, 2012, DuPont has established its own claims process to compensate property owners for Imprelis damage. However, this program requires claimants to waive their rights to sue DuPont before they can collect any compensation. According to the Times, at least 30,000 claimants have filed for compensation from DuPont, but some have become frustrated with the pace of DuPont’s Imprelis claims process and communications from the company. In light of these concerns, Wright & Schulte LLC is urging property owners to seek legal counsel before accepting any compensation offer from DuPont.
Thousands of other property owners have chosen to file Imprelis lawsuits against DuPont in order to obtain compensation for their damaged and dead trees. Imprelis lawsuits from around the country have been consolidated in U.S. District Court, Eastern District of Pennsylvania before Judge Gene E.K. Pratter (In re Imprelis Herbicide Marketing, Sales Practices and Products Liability Litigation, Case No. 11-md-2284).
Wright & Schulte LLC offers free lawsuit evaluations to property owners who suffered tree damage and death following application of Imprelis. Please visit yourlegalhelp.com, or call 1-800-399-0795 to learn more about your options for legal recourse.
About Wright & Schulte LLC
Wright & Schulte LLC, a personal injury firm, is dedicated to the belief that America’s legal system should work for the people. Every day, the attorneys of Wright & Schulte LLC stand up for the rights of people who have been injured or wronged, and fight tirelessly to ensure that even the world’s most powerful corporations take responsibility for their actions. If you’re looking for a law firm that will guarantee the aggressive and personal representation you deserve, please do not hesitate to contact Wright & Schulte LLC today. Free case evaluations are available through yourlegalhelp.com, or call 1-800-399-0795.
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