Conde's Nightmare Pt. 2

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Conde's Nightmare

Part Two - House is Worthless

The Megs County tax assessor concedes that the Conde's home in Pomeroy is worthless, but that doesn't relieve them of the $1,200 monthly mortgage payments. Their State Farm homeowner's policy didn't provide any relief it contained a contamination exclusion. But the Condes believed naively, they now say that a jury of their peers would bring them relief. Last month, they lost hope when their 7-year-old lawsuit was dismissed by U.S. District Judge George Smith in Columbus. "This family not been dealt with fairly," said David Kopech, the attorney who has helped the Condes with their latest round of court fights. "They have been put through the system in the worst possible way I can imagine." Conde, 42, has had his faith in humankind shaken. "It's hard to stay honest and teach your kids to do right when you know that people who are honest and do right are the ones who end up the victims," Conde said. Rhonda, 40, is anxious and guilt ridden. She believes chlordane has rendered her family at risk for various cancers as well as life threatening blood and liver disorders. "You can't imagine what that does to me as a mother," she said. "I try to let my children be normal, but I'm petrified. I watch for symptoms. I have tests run, and I blame myself for staying so long in our house." She said her children were robbed of their childhood. Ryan, now 16, suffers from liver dysfunction that tints his skin a sickly yellow. His glassy eyes prompt teachers and friends to accuse him of using drugs. He tires easily and naps often. His sister Autumn, 14, said she worries a lot about cancer. In October 1984, at the Condes' request, the Ohio Department of Agriculture, which oversees pesticide use, investigated SWAT and its application of Gold Crest C100 at the Condes' home. Swabs of the basement floor tested positive for surface chlordane. The agency found SWAT negligent. The first thing Rhonda did was call Velsicol to ask what the family should do to rid the house of chlordane. She said the Velsicol representatives assured her that the chemical posed no threat and that no action was necessary. The Condes called others as well scientists, toxicologists, immunologists at university medical schools, state health departments and the EPA. The more they learned, the more convinced they became that chlordane was not the benign substance that Velsicol said it was. They sealed the holes in the concrete block. They had the basement floor and walls painted with sealant paint. They washed down all hard surfaces. But their symptoms didn't go away. The way other children cling to a favorite blanket or teddy bear, Kimberly carried a little silver pan to throw up in. Then, in August 1986, three years after the termite treatment, the cat died. Conde sent the pet's remains to Ohio State University for analysis. The report confirmed that the cat suffered from chronic chlordane poisoning. The Condes could no longer deny that their home was contaminated. They moved out, taking the advice of toxicologists to leave behind all upholstered furniture, mattresses, bedding, drapes, curtains, clothes and toys. "We left our history in that house," Rhonda said, "a quilt my grandmother made, gifts we'd given to each other..." Meanwhile, the Condes had filed a lawsuit in U.S. District Court in Columbus. Named in the lawsuit were SWAT Exterminating Co., Velsicol Chemical Co. and State Farm Insurance Co., underwriter of their homeowners policy. Everything to do with their lawsuit began to go wrong for the Condes. First, Velsicol forced the withdrawal of the attorney who had represented them for four years. The law firm's Florida office had once represented Velsicol, and the company said that gave the Condes access to Velsicol's defense strategy. The Condes hired a second lawyer who withdrew a year later, citing a conflict involving the legal canon of ethics. Meanwhile, trial dates were set and postponed again and again. more.....