Clarke Mosquito Control Settles With Local Victim

Clarke Mosquito Control Settles With Local Victim

Nashville, TN - Clarke Mosquito Control Product, Inc., the manufacturer of the pesticide the Metro Public Health Department uses for mosquito control, recently settled a lawsuit with a Donelson man, Emmett Clifford. The lawsuit (Circuit Court Docket No. 04C2963) claimed that the manufacturer sold the sprayers to Metro and failed to properly train the drivers.

Clifford alleges that a Metro Public Health Department spray truck driver injured him on October 15, 2003 when the driver sprayed the pesticide Anvil 2+2 in his neighborhood. Clifford claims he was driving his pick up truck with the driver’s side window lowered near his home when he noticed a truck with flashing lights stopped along the side of the road. Thinking the truck was a wrecker or some other kind of emergency vehicle, he slowed down as he drove by. However, the vehicle was a Metro spray truck with insecticide flowing out of the nozzle in back.

Clifford claims the insecticide entered his vehicle causing his eyes and exposed skin to burn and causing him to gasp for breathe and cough. He drove to his home, parked in front of his house and jumped out of his truck coughing, gasping for air and rubbing his eyes. The spray truck made an unexpected 180-degree turn and headed down the street in front of Clifford’s house. Before Clifford could run into his front door to safety, the driver drove by and did not shut the spray off even though Clifford was clearly visible. The Health Department’s policy required drivers to shut off the spray if pedestrians could be seen however the department had received many complaints prior to this incident from citizens who reported that the drivers were not following the rules. The lawsuit claims Clifford has suffered a myriad of pulmonary and other related health problems as a result of the incident. There have been two lawsuits filed against the city for negligence. Clifford’s case against Metro will go to trial in September.*

Last August, the Metro Council passed an ordinance to require drivers to shut off the spray in an effort to protect pedestrians because Health officials would not enforce the policy. The Health Department fought the ordinance but it passed without a dissenting vote. Recently, the department claimed it was exempt from the law and adopted a policy that allows drivers to leave the spray running. Citizens, some health care professionals and environmental groups tried to fight the passage of the policy without success. Director of the Health Department Dr. William Paul responded to their concerns stating, “There is no requirement on the product label to shut off spraying when pedestrians are noticed.”

Citizen Rachel Sumner, who helped organize citizens to encourage their council members to support the ordinance last summer, says, “There is no reason that the drivers cannot shut off the spray as the ordinance requires and allow citizens to move out of harms way before they continue to spray. It is an irresponsible policy that can potentially harm citizens and bring more lawsuits against Metro.”

The environmental group BURNT, will be accepting tax-deductible donations for a legal fund to fight this illegal and potentially dangerous policy at their booth at the Earth Day event at Centennial Park this Saturday from 11-6PM. In the meantime, they suggest that citizens file a police report if drivers leave the spray running in their presence and contact BURNT immediately at 327-8515. If citizens experience symptoms from the spray, they suggest that citizens seek medical attention immediately and request a blood and urine test for the pesticide.