Terminix

A Criminal Act Of Dursban Poisoning

---

 A Criminal Act Of Dursban Poisoning

Our nightmare started in the year of 1993 and is still a nightmare and a fog for my wife and I.

The chemicals that were applied were sprayed on top the soil causing a lake under our home. We were told by the company (Terminix) to waiter six months after the application before we could have our carpenter to come do the repairs that were needed .The six months waiting really was for the ground to dry up so he would not be working in sludge. After a few days had passed I could not believe that this was the right way to do this and I was a bit concern about our home sinking .I got my contract out to read it and I saw that I was to call (LDAF) Louisiana Department of Agriculture and Forestry (Mr. Bob Odem) if I had any problems that I thought need to be looked at for any irregularities .I called and every time I called I was given a different phone number to call until I got tired of calling and stopped (this is our public servants protecting us).I just knew that something wasn’t right so I gathered a few A/C blowers and lined them around the house to dry things up because the crown of the roof was starting to sag down and the soil was not drying underneath. We would have never thought we were in for an awakening .I called the manager (Mr. Roland Buller) about this problem and asked why the chemicals were not applied in a trench that was to be dug and covered, all he said that it was ok the way it was done. I asked him why the trench around the outside perimeter where chemicals were applied was left open where water ran off the roof would wash the chemicals out of the trench and possibly seep to my water well (24ft) away His answer was that they do it that way and it wont heart anything (no but our cat must have got to the chemicals and ended up a skeleton prior to dyeing). After waiting the six months, my carpenter finds termite tubes and termites around the peers. I have him remove the peers and we lined them up by the front porch and call the manager to come see the problem. Terminix manager ( Mr. Buller) arrives and then tells me that they will have to do another retreat that the job was not done right and they had to terminate the person who had done the job.

The next thing was months later we were swarmed by termites and had to open the house to let them out and we had to stay outside until it seemed they had cleared out the house. Later we had to call them back due to what looked like grit in other area of the house, the sales person that sold me the job (Mr. Lennes Dubois, later Fired) came and we were told that it was ants bringing some soil in the house??? He did not even look to see if there was any ant nest around that area.

Terminix Treatments on Flory's home:

1. April 26,1993: 220 gallons of "Dragnet" was flooded under the house.

2. January 31,1994 :live termites were found around the front porch and on the piers under the house:  80 gallons of "Equity" was used for treatment at that time.

3. April 18,1994 : 100 gallons of "Equity" was used around the left side of the home.

4. April ,24 ,1994 :5 gallons of .75 % of " Equity"

5. October 3, 1994 : 25 gallons of "Tim-bor" was used

6. January 5, 1995 : 10 gallons of "Equity" were used.

7. April 24, 1995 : 2 gallons of "Equity" were used.

8. May 18, 1995 : 110 gallons of Equity were used and 1 gallon of "Tim-bore was used.

9. November 22, 1995 : 2 gallons of "Dragnet" were used

10. On February 6,1997, employees of Terminix presented themselves at the Flory home for another inspection at which time they were turned away and told to contact the attorney for the Florys.

 The next issue came about the repairs where there were no sight of termites during the inspection By Mr. Dubois, suddenly there were. Then I find out about the ARBITRATION clause that had never been shown to us before as was the MSDS sheets that the contract says he was to give us prior to applying the chemicals.

Terminix finally sent out someone to do repair's quite some time while Terminix was trying to figure out how they could get out of doing the repairs after the inspection graph, all this time Terminix carpenters were working maybe 32 hrs a week with the inside of our house opened up with floors opened to the moisture underneath the house, wires exposed, insulation hanging, all of which went on for approximately 2 1/2 years or longer while we were left livening in the house, they did not tell us the danger of these chemicals possibly coming through the open floors and possibly us breathing them .It was a matter of them dragging things out while keeping us under stress & frustration wondering what they would do or not do next. They were to keep the fight with us going which they did. I was diagnosed with Chemical Encephalopathy by the college at by the University of Southern California. Terminix disagreed and fought tooth and nail. They had me examined by a doctor Savalgeo and a doctor Swift from Tulane Medical Doctor.

Dr. Swift in a deposition for a case involving a dump site at Gande'Boise Louisiana was found to have purged himself but was on vacation and nowhere to be found during the trial, the plaintiff's attorney wanted him picked up and brought to court. (Ref. The Baton Rouge Morning Advocate) These two doctors disagreed with the findings by the doctor at USCLA and said that there was nothing wrong with us???

We then were treated less than human and were finally forced into arbitration while we did not even have an attorney to represent us. Our attorney whom had filed and took the case just around Christmas of the year 1995 called us to advise us that he was not going to handle our case any longer. This was at a critical time as the day for arbitration was nearing and we had to pass approximately a dozen or so attorneys to find one who would take a case to arbitrate. We ended up having an attorney from the State of Iowa who took the case due to a friend of his whom was a pastor had just going to trial for a misapplication of pesticides in his church. After all the extra expense compared to trial by jury we were awarded $ 600.00 by the attorney (arbitration judge) for? I am not sure what was the outcome of this hearing, due to the lack of information given about the arbitration. There are no records of the arbitration hearing and findings in any court leaving no record of wrong doing or how corrupt there Protection Plan and the way Terminix treats their customers so well (A) fter they get their Protection Plan signed you not knowing that you signed your rights away. This process is to force the people to not take actions due to the lack of funds available to defend their rights in the justice system, as we know it. The total (C)ost for both parties for this hearing was about $ 20,000 (paid by (T)erminix) being I was not willing to go to a Hen House Arbitration where the defendants witnesses (the ones that were fired or demoted) are (S)worn in and the hearing becomes a one-sided arena .At the end the judge making his undocumented decision on our house Protection Plan argument. Terminix had broken its agreement as stated in (T)erminix's contract to Repair or Replace our home. They then forced us to even (A)bitrate our health damages in this court of arbitration with no order and a process of justification. As of this day I have nerve damages, loss of memory, depression and anxiety, cognitive disorders, head aches and brain damage to the center lob of my brain, trembles, respiratory problems, loose bowels, confusion inability to do things I could do prior to the criminal act by T)erminix . I had to even fight the Department of Social Security and ended in front a hearing Judge who said I was Chemically Poisoned by Pesticides and having mental problems. The medications along are very costly for someone that’s on disability, costing more than $ 300 a month. “Is this the (J)ustice System that we as American Citizen’s were given to us by our forefathers who fought for us and our country?" (A)rbitration is an (I)NJUSTICE and an attack on the people of this great country by large Corporations and Companies to defuse our day in court to have our Peers hear our side with (E)QUAL (J)USTICE . Justice should not be bought by having the ability of a company to bypass the jury system that has been in place for centuries to protect the people. We should have the right to all legal documents filed in a case of law for viewing and use. That is why (T)erminix will really sell you on their (P)rotection Plan to protect them from all the errors done by them, by not overseeing and caring what and how their applicators are really doing .The Force to arbitrate clause is an injustice to our justice system.

Raymond Flory, PM
Lafayette, LA
337.993.2874 

---

Case Summary Judge Doherty/ Magistrate Tynes

From April 26,1993 through November 22,1995, a total of at least (8) treatments were done on the Flory home primarily due to fault and/or negligence of Terminix and /or it's employee to properly drill and treat the piers and foundation of the home intentionally. On 10/31/93 termites began to swarm in the home and Terminix was called out to fulfill the obligations of its contract with the Florys. (It is interesting to note that the Branch Manager did not go out to examine the extent of that damage until nearly six months later on or about 4/20/94. The Florys requested an inspection by the Louisiana Department of Agriculture and Forestry, which was done and which report is dated December 29,1994. Noted on the report : "Corrections needed : all brick piers need to be drilled and treated, also expansion joint next to carport."

For a period of over two and a half years the Flory home was treated on a continual basis with reinfestation of termites recurring after each treatment (or perhaps not having been found and treated in some places at all); this included continual structural damage to the home, including damage to the sills and the foundation, which Terminix was to repair at its expense according to the terms of the contract.

The Flory's initial began repairs but ran out of money. During this time various contractors were called in to do repairs on the home by Terminix.  Problems developed as work was being done due to poor workmanship, temperamental workers and an overall lack of professionalism and lack of consideration for the Florys as the work was being done while they stayed were still residing in the home. The last carpenter that was sent out to the home to do repairs was to make repairs to the residence livable, including extensive repair to the foundation (sills and piers) of the home. When this carpenter was well into the project Terminix began making settlement offers as it had became apparent to them that the cost would be more than they wanted to expend in fulfillment of their contract, When that failed , they began to make offers to purchase the home from the Flory's. The Florys were receptive to their offer to purchase the home provided the sales price would be reasonable and acceptable.

The Florys had an appraisal done which put the value of the home at $139,000.00 , and Terminix had an appraisal putting the value of the home (in its present condition) at $70,000.00: Terminixx offered $77,000.00 (not to mention the damages and medical bills and mental anguish). This was unacceptable to the Florys as they felt that had Terminix properly treated the home initially the resulting reinfestation of termites and structural damages would not have occurred. It had also became apparent to the Flory's due to deteriorating physical and neurological problems, that they would have to find another home as the one they were in was full of toxic poisoning and was uninhabitable: that they would need approximately $110,000.00 to find another home and relocate.

Taking into consideration the length of time this case has been involved in litigation, the frustration of deteriorating physical and neurological systems, the loss of the quality of life to which they were accustomed the continual financial problems and inconveniences that has been brought into their lives since their association with Terminix.and their ignorance of the law and the judiciary system, they have had several attorneys seeking, disposition and compensation for their losses.  It is also noted that they are somewhat "difficult" to deal with due to their frustration with everything.

Please Note "

There were tests done by the Louisiana Department of Agriculture and Forestry of the soil and water samples; done on a form showing percentages with no conclusive remarks relative to toxic poisoning. In fact, one of the forms shows a grave error in that in the initial treatment done at the Flory's home only 85 gallons of Dragnet was used when in fact, 220 gallons of Dragnet was used

Medical Experts:

For both Lois and Raymond

Dr. Kaye H. Kilburn,Toxicologist - University of Southern Callifornia School of Medicine - Laboratory for Environmental Sciences whose diagnosis is" chemical encephalopathy due to pyrethroids organophosphates," "Dragnet" (Permethrin) and "Equity" (Chlorpyrifos or Dursban)." Who in "this expert opinion are more likely than not."

SIGNED:

Raymond Flory, PM
Lafayette, LA
337.993.2874 

# # #

[ Symptoms of Pesticide Poisoning ]
[ Pesticide Articles Site Map ] * [ Pesticide Letters Site Map ]

 [Get Set Site Map]