Injuries/Damages: Termite treatment

July 11, 2017
Back to TopCommentsE-mailPrintBookmark and Share
Trial Report

Name of Case: John and Janice Gresser, et al. v. Reliable Exterminators, Inc.
Court Case Number: 79D01-0403-CT-00025
Injuries: physical, neurological and neuro-behavioral problems
Court: Tippecanoe Superior Court I
Court Date: May 15, 2017-June 14, 2017
Trial Type: Jury trial
Judge: Special Judge Robert H. Hall
Disposition: Jury verdict for defendant
Plaintiff Attorneys: Zoe Littlepage and Rainey Booth (Houston, TX); Michael Stapleton (Lafayette, IN), Roger Pardieck (Seymour, IN)
Defendant Attorneys: Lonnie D. Johnson and Belinda R. Johnson-Hurtado (Bloomington, IN)
Insurance: Allianz Global Corporate & Specialty (AGCS)

Case Information:  On June 15, 2017, after a five-week trial, a jury in Lafayette, Indiana, returned a unanimous defense verdict in the face of a $10M damage request by plaintiffs in the matter of Gresser v. Reliable Exterminators. Lonnie D. Johnson and Belinda R. Johnson-Hurtado litigated the case for over 10 years before it went to trial. In January 2000, the defendant was hired by ReMax to inspect a house in West Lafayette for termites. The house was then treated in February 2000 with Dursban TC — a termiticide containing an organophosphate called chlorpyrifos. The next year, John and Janice Gresser moved into the home with their two young daughters. They moved out of the house in 2002. Thereafter in 2004, the Gressers sued various defendants, only one of which remained for the trial that began on May 15, 2017.  Plaintiffs claimed that the home had been unnecessarily treated and improperly treated.  Plaintiffs’ damage claims at trial focused on the girls’ alleged permanent physical, neurological and neuro-behavioral problems claimed to have been caused by exposure to the chlorpyrifos in the home. The defense focused on medical causation issues as well as evidence from the Indiana State Chemist and others which found no evidence of improper application of the product in the home. After testimony from 47 witnesses and a request from plaintiffs’ counsel for a jury award of $10 million, the jury returned a complete defense verdict.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  2. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? Indianapolis hosts these major pervs in a big way .... I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here:

  3. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

  4. I was incarcerated at that time for driving while suspended I have no felonies...i was placed on P block I remember several girls and myself asking about voting that day..and wasn't given a answer or means of voting..we were told after the election who won that was it.

  5. The number one way to reduce suffering would be to ban the breeding of fighting dogs. Fighting dogs maim and kill victim dogs Fighting dogs are the most essential piece of dog fighting Dog fighting will continue as long as fighting dogs are struggling to reach each other and maul another fih.longaphernalia