Farmhand sues Erwin Utilities for $4.5 million
01/14/03
By Robin Cleavenger -- Staff Writer


Farmhand sues Erwin Utilities for $4.5 million
01/14/03
By Robin Cleavenger -- Staff Writer


A former Unicoi County farmhand and his father are suing Erwin Utilities and three other
defendants for $4.5 million in damages because of health problems allegedly caused by the
spreading of Class B sewage sludge on fields as fertilizer.
Attorneys for Danny M. Jones, father and conservator for Michael Seth Jones, and Michael Seth
Jones filed a complaint Jan. 7 in Unicoi County Circuit Court. Named as defendants in the suit are
the Erwin Utility District, Scott Street, Theodore R. Love Jr. and Todd Love. Street serves as
manager of the Water and Wastewater Plant operations for Erwin Utilities. The Loves own farms
in Unicoi and Washington counties.
According to the complaint, the EUD and the Loves had a contract through which the utility
provided Class B sewage sludge to the Loves for use as fertilizer on their farm fields. Erwin
Utilities also provided equipment with which to spread the waste at the farms.
While Michael Seth Jones was employed by the Loves from 1999 to 2002, he was often directed
to pick up sludge from the EUD, transport it to the Loves' farms and spread it on the fields. The
material, which was classified as Class B sewage sludge, still contained detectable pathogens,
according to the plaintiffs' complaint.
"At no time during this period was he instructed as to the proper handling of sludge, safety
precautions to be followed, or the hazards or increased risks associated with exposure to sewage
sludge," the complaint said. "Additionally, Mr. Jones was never provided safety equipment or
advised as to the necessity of safety equipment while performing his duties."
The complaint alleges that Michael Seth Jones' health has deteriorated significantly since he
began his employment with the Loves. He was taken the emergency room April 8, 2001, with
chest and arm pain, shortness of breath, "and a feeling that he was choking on mucus." The
cause of Michael Seth Jones' health problems was not identified at that time, despite a thorough
examination, according to the lawsuit.
In February 2002, he underwent a sternotomy so that cultures could be taken from his lungs.
During the procedure, Michael Seth Jones' thymus, as well as a large mediastinal mass, were
removed.
The lung biopsies, according to the complaint, found several abnormalities, including
Enterococcus Faecalis in his left lung and Nocardia in his right lung. Enterococcus Faecalis is a
"rare gram-positive streptococcus (bacteria) species found in sewage sludge." Nocardia, the
complaint said, is "a bacteria found specifically in human waste."
"(Nocardia) ravages the body with a series of symptoms," the lawsuit continued, "including
prevalent abscesses. It is extremely difficult to treat and has a 40 percent mortality rate."
In December 2002, an oral maxillofacial surgeon removed 16 of Michael Seth Jones' teeth, after
root canals, crowns and antibiotics were insufficient to deal with the defendant's abscessed teeth.
The complaint alleges that the problems with Michael Seth Jones' oral health may be "directly
related to his compromised immune system due to the removal of the thymus and Seth's inability
to fight bacteria invading his gums."
According to the complaint, Michael Seth Jones is "unable to maintain a job or participate in many
leisure activities" because of his health problems. "His quality and enjoyment of life has
substantially and dramatically diminished," the lawsuit continued. "He has lost earnings and
earning capacity."
The Jones' complaint details several causes of action for their lawsuit. First, the defendants
assert that the Loves were obligated to provide a safe workplace but failed to do so. They also
maintain that the Loves, as property owners, "owed a duty to exercise reasonable and ordinary
care under the circumstances not to cause injury to Mr. Jones," and also failed to perform that
duty.
The Loves and Erwin Utilities are also accused of public nuisance, "inasmuch as (the Loves')
contract with Erwin Utility District and their directive to Michael Seth Jones to spread Class B
sewage sludge upon their land were acts injurious to the public health, safety and welfare,"
according to the complaint.
Additionally, Erwin Utilities is charged with a breach of duty for failing to property test and treat
the sludge they provided to the Loves, which "resulted in a product which carried an increased
potential to cause illness to those directly involved in its handling," the complaint said.
The defendants also assert that Erwin Utilities violated the Tennessee Products Liability Act of
1978 by producing a product that was unreasonably defective or dangerous. They maintain that
the utility should be liable for Michael Seth Jones' injuries under that act.
The complaint accuses Street of breach of duty for allowing "sewage sludge which posed a
serious threat to the health and safety of the community to be released from his treatment works
plant," according to the lawsuit.
Street is also accused of promissory fraud and fraudulent misrepresentation for telling Michael
Seth Jones and his mother that the sewage sludge he handled was safe.
The plaintiffs are asking the court for $3.5 million in compensatory damages and $1 million in
punitive damages. They have requested a jury to try to the case.
Calls to David Shults, attorney for Erwin Utilities, and Todd Love were not returned for comment.


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Attorneys for Danny M. Jones, father and conservator for Michael Seth Jones, and Michael Seth
Jones filed a complaint Jan. 7 in Unicoi County Circuit Court. Named as defendants in the suit are
the Erwin Utility District, Scott Street, Theodore R. Love Jr. and Todd Love. Street serves as
manager of the Water and Wastewater Plant operations for Erwin Utilities. The Loves own farms
in Unicoi and Washington counties.
According to the complaint, the EUD and the Loves had a contract through which the utility
provided Class B sewage sludge to the Loves for use as fertilizer on their farm fields. Erwin
Utilities also provided equipment with which to spread the waste at the farms.
While Michael Seth Jones was employed by the Loves from 1999 to 2002, he was often directed
to pick up sludge from the EUD, transport it to the Loves' farms and spread it on the fields. The
material, which was classified as Class B sewage sludge, still contained detectable pathogens,
according to the plaintiffs' complaint.
"At no time during this period was he instructed as to the proper handling of sludge, safety
precautions to be followed, or the hazards or increased risks associated with exposure to sewage
sludge," the complaint said. "Additionally, Mr. Jones was never provided safety equipment or
advised as to the necessity of safety equipment while performing his duties."
The complaint alleges that Michael Seth Jones' health has deteriorated significantly since he
began his employment with the Loves. He was taken the emergency room April 8, 2001, with
chest and arm pain, shortness of breath, "and a feeling that he was choking on mucus." The
cause of Michael Seth Jones' health problems was not identified at that time, despite a thorough
examination, according to the lawsuit.
In February 2002, he underwent a sternotomy so that cultures could be taken from his lungs.
During the procedure, Michael Seth Jones' thymus, as well as a large mediastinal mass, were
removed.
The lung biopsies, according to the complaint, found several abnormalities, including
Enterococcus Faecalis in his left lung and Nocardia in his right lung. Enterococcus Faecalis is a
"rare gram-positive streptococcus (bacteria) species found in sewage sludge." Nocardia, the
complaint said, is "a bacteria found specifically in human waste."
"(Nocardia) ravages the body with a series of symptoms," the lawsuit continued, "including
prevalent abscesses. It is extremely difficult to treat and has a 40 percent mortality rate."
In December 2002, an oral maxillofacial surgeon removed 16 of Michael Seth Jones' teeth, after
root canals, crowns and antibiotics were insufficient to deal with the defendant's abscessed teeth.
The complaint alleges that the problems with Michael Seth Jones' oral health may be "directly
related to his compromised immune system due to the removal of the thymus and Seth's inability
to fight bacteria invading his gums."
According to the complaint, Michael Seth Jones is "unable to maintain a job or participate in many
leisure activities" because of his health problems. "His quality and enjoyment of life has
substantially and dramatically diminished," the lawsuit continued. "He has lost earnings and
earning capacity."
The Jones' complaint details several causes of action for their lawsuit. First, the defendants
assert that the Loves were obligated to provide a safe workplace but failed to do so. They also
maintain that the Loves, as property owners, "owed a duty to exercise reasonable and ordinary
care under the circumstances not to cause injury to Mr. Jones," and also failed to perform that
duty.
The Loves and Erwin Utilities are also accused of public nuisance, "inasmuch as (the Loves')
contract with Erwin Utility District and their directive to Michael Seth Jones to spread Class B
sewage sludge upon their land were acts injurious to the public health, safety and welfare,"
according to the complaint.
Additionally, Erwin Utilities is charged with a breach of duty for failing to property test and treat
the sludge they provided to the Loves, which "resulted in a product which carried an increased
potential to cause illness to those directly involved in its handling," the complaint said.
The defendants also assert that Erwin Utilities violated the Tennessee Products Liability Act of
1978 by producing a product that was unreasonably defective or dangerous. They maintain that
the utility should be liable for Michael Seth Jones' injuries under that act.
The complaint accuses Street of breach of duty for allowing "sewage sludge which posed a
serious threat to the health and safety of the community to be released from his treatment works
plant," according to the lawsuit.
Street is also accused of promissory fraud and fraudulent misrepresentation for telling Michael
Seth Jones and his mother that the sewage sludge he handled was safe.
The plaintiffs are asking the court for $3.5 million in compensatory damages and $1 million in
punitive damages. They have requested a jury to try to the case.
Calls to David Shults, attorney for Erwin Utilities, and Todd Love were not returned for comment.


http://news.mywebpal.com/news_tool_v2.cfm?show=localnews&pnpID=592&NewsID=417952&Cate
goryID=7618&on=0