Law/Legal:
EMR Complaint for Damages

Back



Posted:
10 August 2001
 
...........From EMF-L...........

Folks:

I am sending this to everyone -- though I realize that perhaps only about 10% of  you will actually make use of it......    Please forgive me.  I never know which 10% it will be......

This document is an excellent example of two things:

1.)   The legal document, itself.   Which many of you have never seen, I'm sure. You will see here the kind of information that must go into the Complaint to file such a court case.

2.)   But more than that.  From the perspective of the whole of society -- this document graphically portrays the terrible predicament our society is allowing itself to get into ... as the electromagnetic BLUE WORLD is being allowed to
expand totally unmanaged (unregulated) into our home and work neighborhoods......

The onslaught of this RF/MW (and power line ELF) electromagnetic explosion is happening NOW!!!!!

If we (society -- our governments) are unwilling to grapple with the health hazards and property value damages it is presenting, our courts will soon be swamped with cases like the following.......

Send this to your congressman/woman.  They will understand...... They may RUN from it.......  They may rush to the telecom and power companies to get more $$$$$$$ for their campaign chest.......

But ...  THEY WILL UNDERSTAND!!!!!!

Cheerio.........

Roy Beavers (EMFguru)
roy@emfguru.com

Never doubt that a small group of committed citizens can change the world. Indeed, it is the only thing that ever has........   Margaret Mead



 
-------- Original Message --------
Subject: Re: hicks doc]
Date: Mon, 6 Aug 2001 21:19:37 -0500
From: "Bill Hicks" <hicman@msn.com>
To: "Roy Beavers" <roy@emfguru.com>
 

 Roy: I am glad you have the complaint now.  Yes, please circulate it to the whole list and anyone whom it might help.  Sorry it took so long. Thanks Bonnie




 
----- Original Message -----
From: Roy Beavers
Sent: Monday, August 06, 2001 2:33 PM
To: Bonnie Hicks
Subject: [Fwd: hicks doc]
Bonnie:

I have this now.....   Is it OK to circulate to the EMF-L list.....? I will also want to put it in the leagal file on my website...... Roy




 
-------- Original Message --------
Subject: hicks doc
Date: Mon, 06 Aug 2001 13:27:45 -0700
From: Brendan Beavers <webmaster@emfguru.com>
Organization: EMFguru
To: roy@emfguru.com
 
 

STATE OF INDIANA, ST. JOSEPH COUNTY

ST. JOSEPH CIRCUIT COURT

WILLIAM HICKS, BONNIE HICKS, )
BRETT ONNINK, LESLEE ONNINK, )
PAUL BARBER, PEGGY BARBER, and )
LOUANN PENNINGTON,   )

Plaintiffs,    )

v.      Cause No. 71C01-0107-CP-

CHARLES S. HAYES, CHARLES S. )
HAYES, INC., JACQUELINE L.   )
HORVATH and HORVATH   )
COMMUNICATIONS, INC.,  )

Defendants.    )

COMPLAINT FOR DAMAGES AND
INJUNCTIVE RELIEF RE NUISANCE
WITH JURY DEMAND AS TO DAMAGES

Plaintiffs William Hicks, Bonnie Hicks, Brett Onnink, Leslee Onnink,
Peggy Barber, Paul Barber and LouAnn Pennington for their complaint

allege as follows:

Jurisdiction and Parties
1. Plaintiffs William Hicks and Bonnie Hicks own and reside at 55685 Clover Road, Mishawaka, IN within the County of St. Joseph, State of Indiana.

2. Plaintiffs Brett Onnink and Leslee Onnink own and reside at 3112 Mishawaka Avenue, South Bend, IN within the County of St. Joseph, State of Indiana.

3. Plaintiffs Paul Barber and Peggy Barber own and reside at 352 Weber Street, Roseland, IN within the County of St. Joseph, State of Indiana.

4. Plaintiff LouAnn Pennington owns and resides at 55650 Clover Road, Mishawaka, IN within the County of St. Joseph, State of Indiana.

5. Defendants Charles S. Hayes and Jacqueline L. Horvath are each individuals resident in the County of St. Joseph, State of Indiana. Such defendants are either the agents of defendants Charles S.  Hayes, Inc. and Horvath Communications, Inc. and are personally responsible for the nuisances alleged hereafter as such, or they are principals of such corporations, the corporations themselves merely shells through which such defendants operate their business of constructing, owning and operating cellular telephone towers throughout St. Joseph County.

6. Defendants Charles S. Hayes, Inc. and Horvath Communications, Inc. are each a corporation established pursuant to the laws of the State of Indiana with its principal place of business in St. Joseph County.

Facts:  Defendants and Plaintiffs
7. Defendants own, operate and maintain cellular telephone towers, scattered across St. Joseph County, many in close proximity to residential property, schools and other places of human congregation; each are equipped with a number of antennae each of which emit microwave electromagnetic radiation.

8. The homes of plaintiffs William Hicks and Bonnie Hicks and Lou Ann Pennington are located within 700 feet of the defendants‚ 235 foot high cellular telephone tower at 2010 Mick Court, Mishawaka.

9. Plaintiffs Brett Onnink and Leslee Onninks‚ property abuts the defendants‚ 187 foot high cellular telephone tower which is located at 3108 Mishawaka Avenue, South Bend; in fact defendants‚ installation encroaches on the Onninks‚ property.

10. Plaintiffs Paul Barber and Peggy Barbers‚ property is located within 100 feet of the defendants‚ 199 foot high cellular telephone tower, which has as its address 436 McComb, Roseland.

11. William Hicks and Bonnie Hicks have one child, Cody, who is 3 years of age.

12. Brett Onnink and Leslee Onnink have two children, Marshall, 4 and Reid, 3.

13. Paul Barber and Peggy Barber have one child Kimberly, aged 6.

14. Lou Ann Pennington has one child living with her, Kris, a college student, aged 20.

Facts:  Nature and Impact of Cellular Telephone Towers
15. Growing numbers and varieties of scientific studies of microwaves emitted from cellular telephone base stations, or towers, have reported disturbing health effects in areas relatively close to such towers.

16. For example a study of generations of laboratory mice placed near microwave towers in the vicinity of Thessalonika, Greece, show increasing levels of sterility, until, by only the fourth generation, the mice subject to the study had shown complete sterility.

17. Other research has demonstrated a variety of adverse health developments associated with microwave towers, including weakened immune systems, tumors, neurological disorders, learning and memory problems, sleep disturbances, headaches and even skin rashes.

18. The variety of symptoms just recited likely is explained by the fact that microwave radiation in the vicinity of such towers interfere in a way similar to cell phone interference with landing commercial aircraft: they conflict with, or resonate with (or against), the essentially electrical process of human cells.  As to landing aircraft, cell phones are ordered turned off; no such order exists for humans living under microwave base stations.

19. Scientific studies are already showing some disturbing incidences of pre-cancerous cell breakdown as a result of microwave impact; in fact scientists have observed changes associated with microwave radiation in DNA, the very fabric of life.

20. Exhibit A attached hereto is a listing of studies only through 1997 reflecting microwave effects on human and animal tissue.

21. The foregoing scientific developments are, by process of publication and growing citizen and political debate, becoming well known, with the result that the publics concern about living, or even attending school or working for substantial periods of time in the near vicinity of microwave base stations, is and has been growing at an increasing rate.

22. That growing concern includes a developing realization among many that any single or microwave tower may carry a multitude of antennae, each of which emits its own pattern of microwaves on its own set of wave lengths, with the result that a single tower can emit several different patterns of relatively intense signals, or lobes of such signals, some of which may change on a daily basis, to homes, schools and businesses within hundreds of feet of the tower. Count I:  Reduction in Property Value Due to Defendants Towers as Nuisances (Onninks)

23. Brett and Leslee Onnink purchased their home at 3112 Mishawaka Avenue on December 6, 1996.

24. The Onninks purchased their home long before defendants constructed their 187 foot high tower, immediately next door, indeed such that the defendants‚ installation encroaches on the Onninks‚ property -- in an area of dense population, a characteristic of many of the  defendants‚ towers situated in urbanized parts of St. Joseph County.

25. The defendants‚ tower carries several antennae, the total number, manufacturer, owner or operator and purpose of each of which is unknown.

26. Subject to discovery, the number and size of such antennae may be physically too great in terms of weight and surface dimension for the tower safely to bear.

27. The towers emissions interfere with and in some cases make impossible the operation of the Onninks‚ electrical appliances and other electrical products, including but not limited to garage door opener, radio, television, VCR, cordless phones and the childrens‚ baby monitors.

28. The towers regular operation produces a constant drone of noise which necessarily affects, and reduces, the Onninks‚ quiet enjoyment of their home.

29. Because, in the Onninks‚ case, the tower is so close to their home, when the defendants have the tower serviced or modified, the Onninks have been asked, in the interest of their safety from debris falling from the tower, to leave their own home; the noise created by the defendants servicing the tower has also injured the enjoyment of their home; furthermore, service trucks block or interfere with ingress to and egress from their property.

30. In addition, in the Onninks‚ case, they are required, on a regular basis, to remove from their property debris fallen from the tower including cable ties, plastic bags, hats, bolts, cigarettes, electrical tape as well as a multitude of dead birds.

31. Because the tower attracts birds and because the tower is only 20 feet away, the Onninks‚ home and yard are constantly barraged by bird droppings.

32. In addition to the foregoing, the very existence of a 187 foot microwave tower next to their home has caused a substantial and irremediable reduction in the value of the Onninks‚ home due to the following characteristics, characteristics shared by any such tower sited within close proximity to homes, schools and businesses: (a) the publics growing concern that sustained microwave radiation, even at allegedly low levels of intensity, may cause serious short term and long term harmful health effects; (b) the towers negative impact on the appearance of the neighborhood.

33. The foregoing reduction in property value has forced plaintiffs to discontinue plans to improve or add to their home.

34. All of the foregoing, individually or in combination, constitute a nuisance which has seriously and permanently reduced the value of the plaintiffs real property.

Count II:  Reduction in Property Value Due to Defendants Towers as Nuisances (Hicks)

35. Paragraphs 1 to 22, 25, 33 and 34 are incorporated.

36. William and Bonnie Hicks purchased their property at 55685 Clover Road in 1990 and built a home and moved in in July 1993, long before defendants constructed their 235 foot high tower within 700 feet of the Hicks home.

37. The towers emissions interfere with and in some cases make impossible the operation of the Hicks electrical appliances and other electrical products, including but not limited to their telephone, television, garage door opener, radio controlled cars and other toys and their baby monitor.

38. The towers existence within 700 feet of the Hicks property has caused a substantial and irremediable reduction in the value of the Hicks home due to its following characteristics: (a) the publics growing concern that sustained microwave radiation, even at allegedly low levels, may cause serious short term and long term harmful health effects; (b) the towers negative impact on the appearance of the neighborhood.

Count III:  Reduction in Property Value Due to Defendants Towers as Nuisances (Barber)

39. Paragraphs 1 to 22, 25, 33 and 34 are incorporated.

40. Paul and Peggy Barber purchased their home at 352 Weber Street in Roseland in November 1990, long before defendants constructed their 199 foot high tower within 100 feet of the Barbers‚ home.

41. The towers emissions interfere with and in some cases make impossible the operation of the Barbers‚ electrical appliances and other electrical products, including but not limited to telephones, VCR and television.

42. The towers existence within 100 feet of the Barbers‚ property has caused a substantial and irremediable reduction in the value of the Barbers‚ home due to its following characteristics: (a) the publics growing concern that sustained microwave radiation, even at allegedly low levels, may cause serious short term and long term harmful health effects; (b) the towers negative impact on the appearance of the neighborhood.

Count IV:  Reduction in Property Value Due to Defendants Towers as Nuisances (Pennington)

43. Paragraphs 1 to 22, 25 and 34 are incorporated.

44. LouAnn Pennington purchased her home at 55650 Clover Road in September 1990, long before defendants constructed their 235 foot high tower within 700 feet of her home.

45. The towers emissions interfere with and in some cases make impossible the operation of the Ms. Penningtons electrical appliances and other electrical products, including but not limited to telephone, television and VCR.

46. The towers existence within 700 feet of Ms. Penningtons property has caused a substantial and irremediable reduction in the value of her home due to its following characteristics: (a) the publics growing concern that sustained microwave radiation, even at allegedly low levels, may cause serious short term and long term harmful health effects; (b) the towers negative impact on the appearance of the neighborhood.

Count V:  Personal Injury Due to Nuisance (Hicks)

47. Paragraphs 1 to 22, 25, 33, 34 and 36 to 38 are incorporated.

48. The defendants‚ tower at 2010 Mick Court, Mishawaka, emits microwaves in patterns, wave lengths and from antennae owned or operated by various third parties, all of which is unknown to plaintiffs.

49. On information and belief, the foregoing emissions of microwaves have resulted, since the defendants‚ tower began operating, in the plaintiffs Hicks experiencing and suffering the following effects:
- heart palpitations
- loss of peripheral vision
- interference with hearing
- recurring headaches including migraine headaches
- short term memory loss
- repeated sleep disturbance

50. In addition to the foregoing observable symptoms, plaintiffs live in fear of sub- cellular breakdown or change and advanced cellular aging, another effect of microwave radiation reported in scientific literature.

51. The foregoing effects have imposed on plaintiffs medical expenses as well as substantial mental distress including adverse effects on the plaintiffs intra-family relations.

Count VI:  Personal Injury Due to Nuisance (Onnink)

52. Paragraphs 1 to 34, 50 and 51 are incorporated.

53. The defendants‚ tower at 3108 Mishawaka Avenue, South Bend, IN emits microwaves in patterns, wave lengths and from antennae owned or operated by various third parties, all of which is unknown to plaintiffs.

54. On information and belief, the foregoing emissions of microwaves have resulted, since the defendants‚ tower began operating, in the plaintiffs Onninks experiencing and suffering the following effects:
- multiple tumors
- loss of peripheral vision
- weakened immune system
- recurring headaches and migraines
- repeated sleep disturbances
- glandular problems
- short term memory loss
- allergies
- chronic fatigue

Count VII:  Personal Injury Due to Nuisance (Barber)

55. Paragraphs 1 to 22, 25, 33, 34, 40 to 42, 50 and 51 are incorporated.

56. The defendants‚ tower in the vicinity of 436 McComb, Roseland, IN emits microwaves in patterns, wave lengths and from antennae owned or operated by various third parties, all of which is unknown to plaintiffs.

57. On information and belief, the foregoing emissions of microwaves have resulted, since the defendants‚ tower began operating, in the plaintiffs Barbers experiencing and suffering the following effects:
- loss of peripheral vision
- interference with hearing
- recurring headaches
- weakened immune system
- short term memory loss
- repeated sleep disturbance
- learning capacity diminished
- chronic fatigue
- heart palpitations
- miscarriage

Count VIII:  Personal Injury Due to Nuisance (Pennington)

58. Paragraphs 1 to 22, 25, 34, 44 to 46 and 50 are incorporated.

59. The defendants‚ tower at 2010 Mick Court, Mishawaka, IN emits microwaves in patterns, wave lengths and from antennae owned or operated by various third parties, all of which is unknown to plaintiffs.

60. On information and belief, the foregoing emissions of microwaves have resulted, since the defendants‚ tower began operating, in the plaintiff Pennington experiencing and suffering the following effects:
- recurring headaches
- repeated sleep disturbance
- weakened immune system
- chronic fatigue

61. The foregoing effects have imposed on plaintiff medical expenses as well as substantial mental distress.

Count IX:  Injunctive Relief (Hicks and Pennington)

62. Paragraphs 1 to 22, 25, 33, 34, 36 to 38, 44 to 46, 48 to 51, 60 and 61 are incorporated.

63. Monetary damages are inadequate to remedy the plaintiffs physical, mental and proprietary injuries.

64. Because emissions from defendants‚ towers are invasive, chronic and seriously deleterious as alleged above, plaintiffs are entitled to injunctive relief that will prohibit the defendants from imposing on plaintiffs a level of microwave radiation greater than the background level of microwave radiation in the South Bend-Mishawaka region.

Count X:  Injunctive Relief (Barber)

65. Paragraphs 1 to 22, 25, 33, 34, 40 to 42, 50, 51, 56, 57, 63 and 64 are incorporated.

Count XI:  Injunctive Relief (Onnink)

66. Paragraphs 1 to 34, 50, 51, 53, 54 and 63 are incorporated.

67. Because defendants‚ tower installation physically intrudes on plaintiffs property, is a clear and present danger to plaintiffs physical well-being as well as, due to the microwaves it emits, an invasive and chronic source of physical illness as well as substantial mental distress, plaintiffs are entitled to an injunction prohibiting defendants‚ continued operation of the tower as a source of microwave emissions and mandating removal of such tower.

WHEREFORE, plaintiffs pray for judgment as follows:

1. On Counts I through IV, for damages sufficient to compensate plaintiffs for loss of the value of their real property.

2. On Counts V through VIII for damages according to proof.

3. On Counts IX and X for injunctive relief sufficient to shield plaintiffs from microwave radiation greater than background radiation in the South Bend-Mishawaka region by means short of termination of all emissions from such towers if technically and physically feasible, but if not, termination of all emissions from such tower.

4. On Count XI for removal of the tower adjacent to the Onninks‚ home or, in the alternative, injunctive relief sufficient to shield plaintiffs from microwave radiation greater than background radiation in the South Bend-Mishawaka region by means short of termination of all emissions from such towers if technically and physically feasible, but if not, termination of all emissions from such tower.

5. For plaintiffs cost of suit incurred herein.

6. For such other relief as the Court deems just.
JURY DEMAND

Pursuant to Trial Rule 38 plaintiffs request Counts I through VIII be tried to a jury.
Respectfully submitted,

THE HAMILTON LAW FIRM
John C. Hamilton (7416-71)
Wayne Place, Suite 200
103 West Wayne Street
South Bend, IN 46601
(219) 289-9987
Facsimile (219) 289-8138
 
 

Attorneys for Plaintiffs




Back to Top

Back