A Madison County couple says trees and plants were damaged when a neighbor's weed killer spread to their property.
Terry Lash and Julie Webb filed a lawsuit Sept. 17 in Madison County Circuit Court against Country Club Lawn & Tree Specialists Inc. and Shipman Elevator Company.
Lash and Webb say they live next door to Jason and Lorrie Isringhausen, who in May 2011 hired Country Club Lawn & Tree and Shipman to rid their horse pasture of weeds. According to the complaint, Country Club Lawn & Tree used a chemical known as Radar LV, a broadleaf grass killer.
Shipman also allegedly applied Roundup to the fields to the north of the plaintiffs' property. On the day of the spraying, they contend the wind was blowing in the direction of Lash and Webb's property in excess of 10 miles an hour.
Lash and Webb claim the chemicals spread like a cloud to their plants, trees and shrubs causing irreversible harm to the plant life. They accuse the landscape companies of negligence, nuisance and trespass and seek an judgement of more than $450,000 to pay for the replacement of their damaged plants.
Attorney Todd W. Sivia of Edwardsville represents Lash and Webb. They ask for a jury trial.
Madison County Circuit Court Case No. 12-L-1493