Spraying Pesticide in school...
Couple sue for damages
BENTONVILLE -- A Rogers couple claims that
hazardous pesticides, including Dursban and Safrotin, made a woman sick after
Serfco repeatedly sprayed the chemicals in Rogers school buildings, according to
a lawsuit.
Rogers attorney Jim Lingle filed the suit on
behalf of Martha G. and Gary Milburn. Filed Monday in Benton County Circuit
Court, the suit names as defendants the chemical makers, suppliers and
applicators Dow Chemical Co., Rofan Services Inc., EPCO Inc., Eli Lilly and Co.,
DowElanco, ZoeCon Corp., and Serfco Inc. of Fayetteville.
The suit states that, on March 24 and 25,
1993, Serfco applied chemicals and pesticides to Rogers school buildings while
Martha Milburn was present.
The applied chemicals include Dursban, which
contains the toxic chemical chloropyrifos. The chemicals also included Safrotin,
which contains the toxic agent Propetamphos, the suit states.
Safrotin is classified as a restricted-use
pesticide, and Safrotin is a neurotoxin that causes long-term ill effects to the
human nervous system, the suit states.
Chloropyrifos and Propetamphos are
organophosphates that chemically combine with enzymes essential to controlling
nerve-impulse transmission, the suit states.
The chemical combination inactivates the
nerve-impulse transmission and causes muscle contraction or twitching and
sensory and behavior disturbances, according to the suit. The suit alleges that
Dow Chemical knew of the ill health effects of the chemicals, and that DowElanco
hid complaints about Dursban until November 1994.
After her exposure to the chemicals, Martha
Milburn experienced tingling in her hands, feet and around her lips, had
difficulty walking, her eyes were out of focus and she was dizzy and nauseous,
the suit states.
The lawsuit claims Serfco is negligent because
the company chose and combined the chemicals to spray, but it failed to warn of
the chemicals' dangers.
Dow and Zoecon are negligent for not using
ordinary care in manufacturing Dursban and Safrotin, the suit states.
The Milburns seek a jury trial and ask for
unspecified damages to pay for medical bills, loss of earnings and income and
loss of property value.
The Milburns filed a similar suit in 1996, but
that suit was dismissed after several years for lack of prosecution, according
to court records.
================
Source:
[ http://www.nwaonline.net/278944212966683.bsp
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