Grand Jury Issues Report On 'Endangerment to a Child' for Stachybotrus

[Guest guest]

>Grand Jury Issues Report On 'Endangerment to a Child' Charges Against

Farmers Insurance

>

>SAN MARCOS, Texas, Feb. 3 /PRNewswire/ -- Today, a Hays County Grand Jury

has found reason to continue a criminal investigation of Endangerment to a

Child charges involving Farmers Insurance Company ( " Farmers " ), the largest

property and casualty insurer in the United States.

>

>After a four-month investigation, prompted by a criminal complaint filed by

Melinda Ballard of Dripping Springs, Texas, with the Hays County Sheriff's

office in May of 1999, members of the twelve-person Grand Jury reported to

the Judge that the case merited possible further action.

>

>In their report to the Judge, members of the Grand Jury requested that the

investigation remain open, pending additional evidence that may arise

proving Farmers knowingly or intentionally exposed a three-year-old boy to a

deadly neurotoxic mold.

>

>The language in the statute governing the charge of Endangerment to a

Child, reads as follows:

>

> " A person commits the offense of Endangerment to a Child if he, by act or

>

>omission, engages in conduct that places a child, younger than 15 years,

>

>in imminent danger of death, bodily injury, or physical or mental

>

>impairment. " (Texas Penal Code section 22.041)

>

>On behalf of their son, Reese, Melinda Ballard and husband Ron

said, " We have received hundreds of letters of support from families all

across the country with similar problems. We want to thank the Grand Jury

for the diligence they applied to this matter. We sleep better knowing that

Hays County has taken this criminal complaint seriously enough to continue

to investigate the actions of Farmers. "

>

>Ballard and allege that Farmers' microbiologist -- Dan Bridge of

Rimkus Engineering in Houston, Texas -- found the family to be living in

space containing airborne Stachybotrys ( " Stachy " ) spores, yet neither Bridge

nor Farmers informed the family of their discovery until the mold had caused

irreversible health effects. The family retained the services of Texas Tech

University to conduct testing of the home and evacuated their residence

immediately -- once Texas Tech's testing confirmed the presence of toxic

spores in their living areas.

>

>Stachy is a toxic mold that grows on wet building materials. It has been

linked to deaths in infants and causes severe cognitive and respiratory

disorders. Experts say that it is unusual that Stachy spores become

airborne, but when such a situation occurs, it's a sign that Stachy is

throughout a structure and residents should evacuate the premises.

>

>The family filed a civil suit against Farmers earlier this year (see

PRNewswire May 28, 1999 and July 20, 1999).

>

>Farmers Insurance is headquartered in Los Angeles. Farmers is owned by

Zurich Financial Services, whose shares are traded on the London and Zurich

stock exchanges.

>

>SOURCE Melinda Ballard

>

>CO: Farmers Insurance Company

>

>ST: Texas

>02/03/2000 14:04 EST http://www.prnewswire.com

>

[Guest guest]

CONTACT: Mike Bruneau or Bea Lund of The Lund Group, Inc., 212-949-1562,

fax - 212-949-0189, lundgroup@..., Weekends: 203-972-8501, fax -

203-972-8569, for Melinda Ballard; or Melinda Ballard, mobile -

512-791-0054/

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<A

HREF= " http://www.google.com/search?q=cache:members.tripod.com/~alanhawk/fi-3

02

..html " >Farmers Insurance News Alert, your first source for legal news

related

to the Farmers Insurance group</A>

http://www.google.com/search?q=cache:members.tripod.com/~alanhawk/fi-302.htm

l

The " Farmers Insurance News-Alert " website is dedicated to providing the

consumer and general public with detailed information concerning the Farmers

Insurance Group. This includes fraud reports, consumer complaints, lawsuit's

and other legal actions taken against this company. All information

contained

herein is for educational purposes only. Original sources, when known are

sited.

Our client has filed a $100+ million civil suit against Farmers and has

filed

criminal charges against two Farmers employees. In this connection we have

issued two press releases which we would like to get up on yout website.

How might we accomplish this? (I am NOT a techie propeller-head, so please

be

gentle.)

We are told that the DA has appointed a special prosecutor -- on the

criminal

charges -- and that the state dept. of insurance is conducting a criminal

fraud investigation. We've gotten a lot of " air " on a local TV affiliate.

One

of the criminal charges is " endangerment to a child " which is a Class 1

Felony. Thanks for your help.

Cordially yours,

Mike Bruneau

The Lund Group

212/949-1562

Texas Homeowner Files Criminal Complaint Against Farmers Insurance

Employees:

Says Delays Caused Deadly Neuro-Toxin Infestation of Her House

May 28, 1999 12:47

DRIPPING SPRINGS, Texas, May 28 -- Melinda Ballard, a local resident has

filed a criminal complaint (case # 99-12576) with the Hays County Sheriff's

office against two Farmers Insurance Group employees. Ms. Ballard cited the

insurance company's personnel's negligence in settling a claim, which

resulted in an infestation of her home by a deadly neuro-toxin called

" Stachybotrys, " which caused her and her entire family -- including a

three-year-old child -- to become sick.

" My family and I have been living a nightmare for five months because of

Farmers Insurance. Yet Therese McConnell, the Farmers claims adjuster (and

one of the employees against whom the complaint was filed), was told

early-on

that delaying the repairs could result in the growth of dangerous mold. "

According to of Double R Hardwood Floors, Inc., Wimberley,

Texas, a contractor asked to inspect the problem, " In early January, I had

conversations with (sic) McConnell about my concerns about removing

all the wood floor, and expressed my concerns throughout January about the

potential growth of mold. Repeatedly, I warned (her) during telephone

conversations that dangerous molds could grow if the flooring and

sub-flooring was not pulled up. "

According to numerous reputable scientists, Stachybotrys grows easily in wet

building materials such as plywood, particle board, sheetrock and gypsum

board. It attacks the lungs, the liver and the kidneys. Ms. Ballard says,

" Farmers' delay in repairing the damage caused by my interior plumbing leak

allowed this highly hazardous fungus to grow, spewing extremely toxic spores

into the air that made us all sick with flu-like symptoms, shortness of

breath, labored breathing, muscle weakness, coughing up blood and skin

rashes. The entire family is having to go through extensive medical testing

to determine the extent of the damage done by this deadly mycotoxin.

" Stachybotrys may not be a household word, but it should be. Used as a

biological war weapon by the Russians in Afghanistan, it has sickened people

all over this country -- even killing over a dozen children in Cleveland. "

In

fact, just recently, tenants of a 400-unit complex on Second Avenue in New

York City filed a $8 billion lawsuit against the apartment complex owner,

alleging that the owner knew from a 1996 environmental report he

commissioned, that Stachybotrys was present in the building, yet did not

evacuate the complex. Several tenants had their health severely affected and

one child died because of the exposure, according to a May 18, 1999 article

in the New York Daily News.

" We had to evacuate our home last month after tests by microbiologists from

Texas Tech University confirmed high levels of this toxin that were airborne

and aggressive. The Farmers-hired microbiologist also found Stachybotrys in

our home.

" It's going to cost at least $1 million just to get personnel trained in

hazardous materials handling to come in wearing protective suits and HEPA

respirators and remove all the infested building material and take it to a

designated disposal area.

" I am outraged on behalf of my family because we never should have had to go

through this. Farmers Insurance should be ashamed of itself. " Ms. Ballard

pointed out that tens of thousands of other people may be suffering from

Stachybotrys, but just don't know it. " It's like E-coli: you may not even

realize it's there until you get sick from it. "

Farmers Insurance Group is owned by Zurich Financial Services Group, which

is

traded on the London and Zurich stock exchanges.

NOTE: Information on the threat of Stachybotrys is available from the CDC,

the EPA, OSHA, the New York City Department of Health, and others. Just some

of the websites that provide information on this toxin include:

http://www.scisoc.org/feature/stachybotrys/top.html

http://egi.pathfinder.com/time/magazine/1998/dom/981221/business.

http://www.wellnesstoday.com/april

http://www.canoe.ca/cnewsheymarthaarchive/990111_bank.html

http://www.aerobiology.org/molds/stachy.htm

http://www.newhavenadvocate.com/articles/amity.html

http://gcrc.cwru.edu/stachy/

http://www.envirovillage.com/papers/n0000100001.htm

http://www.cdc.gov

http://www.epa.gov

http://www.niosh.gov

SOURCE Melinda Ballard

/CONTACT: Mike Bruneau or Bea Lund of The Lund Group, Inc., 212-949-1562,

fax - 212-949-0189, lundgroup@..., Weekends: 203-972-8501, fax -

203-972-8569, for Melinda Ballard; or Melinda Ballard, mobile -

512-791-0054/

In a message dated 2/5/00 12:03:40 PM Central Standard Time, GSmolker

writes:

<< Barbara, and Beth

It would great if we could get Melinda Ballard's civil complaint and

criminal complaint to use as a form in filing other complaints.

It would be great if we could get Melinda's phone number and address to

contact Melinda.

If we could get the names and addresses of the people who wrote Melinda with

similar stories that could prove critical in proving a pattern.

Once we can prove a pattern the sky is the limit on punitive damages being

awarded against the bad guys.

If you can get me that info, I will use it.

Melinda's complaint could become a form for suing insurance companies and

immoral experts.

>>