As reported by the Associate Press for The Republic, a family that lost their two young daughters due to exposure to pesticide, has filed a wrongful death lawsuit against an exterminating company, and its former employee.
Bugman Pest and Lawn Inc., of Utah, and Coleman Nocks ,63, a former worker contracted by Bugman, were named in the civil lawsuit filed on March 9 in 2nd District Court.
The lawsuit claims that both are liable for the deaths of Rebecca Toone, 4, and her sister, Rachel, 15 months, in February 2010 when a chemical for exterminating pests was applied outside of their home in Layton.
The lawsuit contends that the deadly chemicals permeated the air inside of the family home.
Attorneys for the Toone family claim that Nocks was careless and showed reckless disregard in his application of Fumitoxin – a rodent-killing poison. Attorneys also allege that Bugman Pest and Lawn was negligent in Nocks’ training and supervision, which led to putting the health of the entire Toone family at risk.
Ray Wilson, the president of Bugman, is also named in the suit.
Punitive damages are yet to be specified.
Nocks is also currently embroiled in a criminal case due to the deaths. His attorney did not return a call before press time.
The attorney representing Bugman, in the criminal case as well, Dennis James, refused to comment.
Peter Summerill, the attorney for the family, issued a statement from his clients on March 10 that they intend “to see that those responsible for this tragedy are held fully accountable, both within the criminal and civil justice system.”
Hearings in the case have yet to be scheduled.
Rebecca Toone, per court papers, suffered with stomach pains, vomiting and dehydration. She subsequently died of a heart attack.
Her baby sister, Rachel, suffering a heart attack and brain injuries, had “no hope for recovery or survival without life support.”
Rachel would later die when doctors prompted her parents to remove her from life support.
A police investigation led to the discovery of toxic gas inside the Toone home. The pesticide – that had seeped into their airways – had been placed too close to the house.
According to information from Layton police, the medical examiners report on both girls showed elevated levels of phosphorous and lung damage. The report stated that the findings were “consistent with inhaling a harmful substance.”
All three defendants, in separate hearings a month ago, pleaded not guilty to three charges each of misdemeanor unlawful use of a registered pesticide. A trail date in May has been set in Salt Lake City’s U.S. District Court.
Nocks is facing up to one year in federal prison, and $100,000 fine on each count, if convicted of class A misdemeanors. Bugman faces up to a $500,000 fine if the court finds that the company mishandled pesticides that resulted in death.
Bugman, and six of its employees, were fined over $46,000 by Utah regulators last year for their role in the sister’s death. The company has since been placed on a two-year probation by the state agriculture department.
Nocks voluntarily gave up his applicator’s license but wasn’t fined.
If you have lost a family member due to a wrongful death, you, and the rest of your family, may be due monetary compensation.
Contact a personal injury attorney to help you with a lawsuit.