DuPont product hurting property owner's trees, Mercer lawsuit says

PRINCETON – An herbicide manufactured by DuPont is at the center of a recently filed lawsuit in Mercer County.

William Merva filed suit against the company on Sept. 6 in Mercer Circuit Court over the product Imprelis, claiming it has damaged his trees.

Imprelis was marketed by DuPont as environmentally friendly, but in August 2011 the U.S. Environmental Protection Agency banned its sale after complaints that it was damaging trees.

Lawsuits in federal court were gathered in a multidistrict litigation proceeding in U.S. District Court for the Eastern District of Pennsylvania. As of Oct. 9, there are 146 cases in the MDL.

Merva’s lawsuit was filed Michael F. Gibson of Gibson, Lefler & Associates in Princeton.

It says Merva contracted with Techni-Turf of Bluefield to care and manage his lawn. Imprelis was applied to his property on May 27, 2011, he says.

After the treatment, his trees have suffered significant damage, he says, adding that the trees that lined his property were a significant factor in his decision to purchase the land in February 1998.

The complaint alleges all 15 of his mature trees have been damaged.

“Defendant’s blame-shifting and failure to respond to Imprelis destruction has not helped Plaintiff to treat, save or replace their damaged trees, nor has it compensated lawn care professionals who purchased and used Imprelis for their damages arising from the Imprelis poisoning,” the complaint says.

Merva makes claims of negligence, strict product liability, strict liability misrepresentation, negligent misrepresentation, fraud, fraudulent concealment and private nuisance.

From the West Virginia Record: Reach John O’Brien at jobrienwv@gmail.com.