Insurer seeks to recover medical expenses from allergy to pesticides

David Yates Oct. 10, 2007, 6:55am

Seeking to recover $62,000 in worker's compensation benefits paid to one of its policy holders, American Home Assurance Co. is suing Entergy Services Inc. and United States Environmental Services for negligently exposing Ryan Bledsoe to pesticides.

The suit was filed with the Jefferson County District Court on Oct. 8

According to the plaintiff's original petition, on Oct. 8, 2005, Bledsoe, a W.A. Kendall and Company employee, was assisting and aiding the defendants with the clean up after Hurricane Rita. He say he was injured when he was exposed to pesticides that the defendants had sprayed inside of a work vehicle.

"After spraying the inside of the vehicle, defendants' employees informed Bledsoe that it was safe to get inside of the vehicle and that the pesticides were not harmful to humans," the suit said. "However, after operating his vehicle for a period of time, Bledsoe began to have an allergic reaction to the pesticides resulting in severe personal injuries."

Following the incident, Bledsoe submitted a claim to American Home Assurance under the policy issued to his employer. He received $62,000 in the form of income benefits and payment of medical expenses, the suit said. "Such sum of money was in payment of compensation as provided for by the worker's compensation laws of the State of Kentucky and these benefits continue to be paid."

"American Home Assurance would show that it is now subrogated to the rights of Bledsoe against the defendants for the amount of worker's compensation benefits paid to Bledsoe as a result of the accident made the basis of this lawsuit," the suit said. "Therefore, (plaintiff) brings this lawsuit in order to recover those benefits as provided for by Chapter 342 et seq. of the Kentucky Revised Statutes."

The insurance company claims Entergy and USES committed the following acts of negligence:

Failing to properly apply the pesticides in such a manner that would not be harmful to people in Bledsoe's position;

Failing to warn Bledsoe of the dangers associated with being exposed to the pesticides spayed inside his vehicle;

And failing to properly train their employees on how to apply the pesticides in question.

American Home Assurance is suing for the benefits paid, court costs and any relief deemed warranted.

The company is represented by The Hudgins Law Firm.

Judge Milton Shuffield, 136th Judicial District, will preside over the case.

Case No. D180-485

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