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PROVO — Juab County has been put on notice that it could soon be sued based on the county's alleged misuse of mosquito pesticide in residential areas.
The notice of claim was issued by a Provo law firm representing a Nephi family and states Juab County employees did not follow the directions on the label of a chemical pesticide called Kontrol 4-4 from May to September of 2008, 2009, 2010 and "likely 2011."
The claim alleges the county wrongfully used the pesticide while "fogging" neighborhoods when ground winds were greater than 10 miles per hour, by spraying it in neighborhoods as early as 8:30 p.m. when many individuals were still outside, and by not warning citizens of how to avoid contamination.
We consider it a significant breach of the standard of care. There have been no warnings or admonitions at all.
–Attorney Randall Spencer
"Failure to act in accordance with the label requirements is not only indicative of breaching a duty of reasonable care, but is also ... a violation of both federal and state laws," according to the claim.
The Nephi family that brought the suit claims their daughter has many allergies, is sensitive to chemicals and can eat only organic food. The family grows an organic garden in their yard, and "they can no longer enjoy organic produce from their garden," according to the claim.
Attorney Randall Spencer said in an interview the family has contacted Juab County and expressed their concerns. They're concerned about other families in the neighborhood who have left their windows open at night unaware employees were spraying in their streets.
"We consider it a significant breach of the standard of care," Spencer said. "There have been no warnings or admonitions at all."
The claim states the family has "sustained injuries to their bodies and continue to suffer impairments in their ability to perform various household functions, work-related tasks and recreational activities." The claim estimated damages are in excess of $100,000 with a more exact amount to be proven at trial.
Spencer said the family has observed employees in a pick up truck drive through their neighborhood streets with one person in the back spraying the chemical over broad areas. Spencer said that isn't an effective way to use the pesticide, and certainly creates an unreasonable risk that has left many people "caught up in the fog."
Juab County offices were closed at the time the claim was received by the press and were unavailable for comment.
Written by Molly Farmer with contributions from Shara Park .
