Jury Clears Farmers in Pesticide Lawsuit : No Negligence Found, Despite Claim by Bonsall Neighbor That Drifting Spray ‘Poisoned’ Her

John and Marie Yewusiak on Friday lost their court battle to gain a chemical-free life style at their Bonsall home when a jury determined that the couple’s next-door neighbors are not responsible for their misfortune.

The jurors, polled individually by Superior Court Judge David B. Moon Jr., unanimously said that the defendants, Ronald Gibson and Joseph Fergus, as well as their independent contractors, had shown no negligence in the use of pesticides on their lime grove.

The jury also found that the farming of the grove does not represent a public nuisance and that workers there did not trespass onto the Yewusiaks’ property.

Bogged Down for 8 Years

The verdict came after 22 days of deliberation and ended a case that has been bogged down in court for more than eight years.

The Yewusiaks filed their lawsuit in 1980, saying the pesticides applied by the grove workers were drifting onto their property. Marie Yewusiak complained of nausea, breathing problems and other maladies and blamed the spraying for her deteriorating health.

“My wife has been terribly poisoned,” John Yewusiak said after the verdict was announced. “But, under the circumstances, I think we’ve been given a fair trial. Of course I’m disappointed, but if I had to, I would do this all over again.

“I believe we’re part of a vanguard,” Yewusiak said. “I think there are many people who are beginning to realize these chemicals are hurting our society. They are not needed. It’s ruining our food cycle. This is an important thing to fight for, and I would do it again.”

Melvin F. Fortes, a Napa attorney representing the Yewusiaks, said he would discuss with his clients the possibility of filing an appeal.

Dennis Hickman, attorney for the defense, said he is concerned that society is becoming increasingly paranoid about pesticides, but he said the jury’s decision vindicated his clients and supported the responsible use of chemicals.

‘A Lot of Hysteria’

“Nowadays, there is a lot of hysteria surrounding pesticides,” Hickman said. “And, as the defendant, you worry about that. Under some circumstances I can understand concern, but not when you’re using chemicals of low toxic nature and, more importantly, when they are being applied properly.”

Marie Yewusiak said she was first plagued by the chemicals in 1977, after a helicopter carrying pesticides for the lime grove accidentally dropped its load on the Yewusiaks’ property. The couple sued the property owners and, two years later, agreed to an out-of-court settlement of $30,000.

In the end, Hickman questioned the Yewusiaks’ move to an area that was clearly an agricultural province.

“My clients were there first,” Hickman said. “They (the Yewusiaks) move in later and want to control agricultural processes that have been going on for years. There’s something very wrong with that notion.”