Eckell Successfully Defends Pest Control Company on Negligence Claim At Trial
Lee Eckell successfully defended a local pest control company as co-counsel during a two week negligence trial involving the alleged improper use of a pesticide during a termite application. Plaintiff alleged that FHMS’ client failed to properly seal cracks in the basement foundation wall of the split level home before applying the pesticide which allegedly caused it to migrate into the HVAC system in the basement and then throughout the home. Plaintiff alleged violation of the New Jersey Regulations applicable to licensed pest control applicators. Alleged damages included neurological injuries, emotional distress and property damage. Plaintiff and her experts theorized that the home was contaminated such that it had to be demolished and rebuilt and that all of the contents inside the home were damaged. The demand prior to trial was in excess of seven figures. During trial, FHMS and its co-counsel cross-examined Plaintiff’s liability experts regarding the fact that swab samples and air testing done in the home after the application failed to identify dangerous levels of the pesticide and that the experts improperly characterized New Jersey’s pest control regulations. FHMS and its co-counsel also cross-examined Plaintiff’s medical experts regarding their failure to properly take into account Plaintiff’s prior medical history into their causation opinions. The case settled after Plaintiff’s case for a fraction of the demand prior to trial.