Man Claims he Was Injured by Herbicide Sprayed From Plane
A Seminole County man claims he was permanently injured and that his property sustained damages when herbicides were aerially sprayed on his land and is seeking monetary relief in court.
George Ward is suing Eckles Aircraft of Holdenville, an unnamed aircraft pilot (referred to as “John and/or Jane Doe” in the lawsuit) and Rick Robinson, doing business as Robinson Family Farms, for damages in excess of $75,000.
The lawsuit alleges that last June, Robinson hired Eckles Aircraft to spray his pasture located near Sasakwa with herbicides. Ward said he was standing outdoors when the spraying was done, causing him to suffer injuries that required immediate medical attention as well as prolonged pain that requires further treatment.
The plaintiff claims the aircraft company and its pilot were “individually jointly and severally negligent in the execution of the herbicide application,” causing Ward to incur medical expenses and “severe physical and emotional pain and suffering and permanent disfigurement.” Ward also alleged that trees and vegetation on his property were damaged during the spraying and extensive work will be required to restore them.
Ward is also holding Robinson partially responsible for his injuries and property damages, on grounds that the aircraft company and pilot were acting as Robinson’s agents. The lawsuit cites an Oklahoma statute that notes, “Everyone is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person.”
According to the lawsuit, which was filed May 5 in Seminole County District Court, the Oklahoma Department of Agriculture was notified of the incident and conducted an investigation on Dec. 4. The herbicides Amine 4 2, 4-D and Remedy Ultra were applied to the pasture, according to the airline company’s records.
According to the National pesticide information center, 2,4-D is an herbicide that kills plants by changing the way certain cells grow. The toxicity of 2,4-D depends on its form. Pure 2,4-D is low in toxicity if eaten, inhaled, or if it contacts the skin, and some forms are low in toxicity to the eyes. However, the acid and salt forms of 2,4- D can cause severe eye irritation. A safety data sheet published by Dow Agrosciences states that Remedy Ultra can cause an allergic reaction if contact with the skin is made.
Ward is represented by Timothy Beets of Midtown Attorneys, P.C. of Oklahoma City. Beets is seeking a jury trial in the case, according to the filing document.