PRINCETON -- A Mercer County man is suing over claims a herbicide marketed as environmentally friendly actually causes the death of mature trees.
William Merva filed a lawsuit last year in Mercer Circuit Court against E.I. DuPont de Nemours and Company, citing product liability. On March 12, DuPont asked to have it removed to federal court.
According to the complaint, on May 27, 2011, Merva hired a lawn-care company that used DuPont's herbicide, Imprelis, on his property, and the strong non-soluble chemicals in the product damaged or killed at least 15 large trees, which were a factor in Merva's purchase of the property. Merva says this has been found to not be an isolated incident, even though the product was marketed as being environmentally friendly.
The defendant is accused of strict products liability, products liability negligence, negligent misrepresentation, strict liability misrepresentation, fraud, fraudulent concealment and private nuisance.
Merva is seeking damages, attorney's fees, and the barring of the sale of Imprelis.
DuPont wants to move the case because they are in different states and the amount in controversy exceeds the minimum of $75,000.
DuPont being represented by Charleston attorneys James S. Arnold, David B. Thomas, and Susan M. Robinson, of Thomas Combs and Spann PLLC. The plaintiff is being represented by Princeton attorney Michael F. Gibson, of Gibson, Lefler and Associates.
U.S. District Court, West Virginia Southern Case Number 1:14-12193
