The NIMBY's are trying a new appraoch. From today's Union County section of the Star Ledger.
Man sues railroad after breathing fumes
Kenilworth retiree says he suffers effects of a 2003 encounter with a toxic mixture
Wednesday, April 27, 2005
BY JUDITH LUCAS
Star-Ledger Staff
A 57-year-old retiree from Kenilworth is suing the Morristown & Erie Railway for exposing him to pesticide and herbicide fumes.
Robert Singler said he has trouble breathing and suffers from headaches because of the rail company and DeAngelo Brothers of Hazleton, Pa. -- whom Singler said was not an approved pesticide applicator.
Singler, who had worked as a food inspector, said he walked right into the toxic haze on July 17, 2003, as employees for DeAngelo Brothers applied the weed-killing agents.
"I could feel the liquid," Singler said. "I could feel it falling on my face and my arms. I thought, 'Oh my God, I got to find out what this spray is.' My throat started to burn, my eyes started to burn, I was having trouble breathing."
"I am still coughing," said Singler, whose suit was filed this month in Superior Court in Union County. "I still have headaches. I still have shortness of breath."
Singler said he was not notified the area behind his house was to be sprayed, and DeAngelo Brothers took no steps to protect the neighborhood from exposure to the fumes.
"... he suffered toxic injuries, pulmonary injuries, chemical burn injuries, great suffering of the mind and body," according to the lawsuit filed by Singler's attorney, Eric Kahn.
After the exposure, Singler was treated at Union Hospital and released.
The spraying violated state administrative codes involving the safe application of chemicals, Kahn said.
The companies were negligent and should have to pay for their actions, Kahn said.
"The purpose (of the lawsuit) is to recover for him and to make the point that when you are spraying chemicals, you have to follow the law," Kahn said.
Singler is seeking unspecified damages.