>> If you look at the report
from the county
hazardous-material guy, I just
spoke to him again
the other day --
>> Judge Judy: No, no, you can't
tell me about you speaking to
them.
>> Okay. If you read the report,
he mixed malathion with Ortho
spider spray, and it's a
definite no-no.
You don't mix two chemical
poisons together.
>> Judge Judy: Just a second.
Listen to me carefully.
Show me where it says that
on either container.
>> Judge, it was not diluted.
>> Judge Judy: Just a second.
>> It was not diluted.
It was horrific.
I couldn't breathe.
>> Supposed to be diluted with
water.
>> Judge Judy: Listen to what
I'm saying to you.
You have to tell me, with
what -- I understand that you
were consumed by vapors, because
you were sitting in your house
with the windows open,
and he sprayed this stuff for
aphids on his tree, which is
not contraindicated here,
that he wasn't spraying it
in your house, in your window.
He was spraying it on an
infestation of aphids on the
tree.
You have to show me that either
he did it maliciously, which you
have no evidence of, or that he
was negligent in some way.
Now, the only way that you can
prove negligence is not the
end result, which was that some
vapors got into your house.
The way you prove negligence is
that if he mixed these products
and it's contraindicated on the
label.
What do you do for a living?
>> I'm a retired deputy sheriff,
but I used to work in pest
control.
>> Judge Judy: So he's a retired
peace officer.
>> Right.
>> Judge Judy: So he's not a
landscaper.
He's not a tree expert.
He's somebody who had aphids on
his tree.
So it's your burden to prove
negligence.
Do you understand?
>> I feel like the proof is that
he never came and warned that he
was gonna spray on a hot day
with the windows open.
>> Judge Judy: Show me --
>> We had men in white suits
come to our house and tell us --
>> We had a hazmat crew with the
fire department come in
spacesuits at our house, that
wouldn't let us in our home.
>> It's not true.
>> It's absolutely true.
>> Judge Judy: Just a second.
Just a second, sir.
You called a hazmat team.
>> No, I didn't call them.
>> I called 911.
>> Judge Judy: She called 91--
Whatever it was, you called the
911, said, "I can't breathe.
There's some toxic fume."
>> No, my throat -- I was --
I could not breathe.
>> Judge Judy: We're in court
now, and it's a lawsuit.
Now you have to show me,
he may have been stupid to mix
these two things together.
You have to show me negligence.
The only way you're gonna be
able to show me negligence is
if, on either one -- and you
have to show me these two
products -- that it says,
"Do not combine these two
products, because they create
a terrible toxic condition
to anything -- any living
thing -- within 100 yards."
Just show me.
>> There was one other
gentleman, when we were in the
hospital, that was there that
made them water their tree down.
It was not diluted.
>> He's the guy that wrote the
report.
>> Judge Judy: Did you
understand what I said?
I'm gonna finish reading the
report.
>> He wrote the report.
>> Judge Judy: I'm gonna finish
reading the report.
Do you have something to add to
what I just said?
>> Yes, ma'am.
>> Judge Judy: I'm listening.
>> She was there --
>> Judge Judy: Duh! Just a --
I don't -- Listen.
I feel sorry that you're sick.
Your sickness is irrelevant
to this case.
>> I understand.
>> Judge Judy: So if you have
something to add, go.
>> On the bottles, I'm sure that
it definitely says, "Must
dilute the chemical in order
to spray."
Whether it was combined or not,
it must be diluted to be safer.
>> It does say that.
>> Judge Judy: Just a sec.
>> Yes, ma'am.
>> Judge Judy: If you have that
on both bottles, then your next
level of proof is that he didn't
follow the directions.
>> Okay.
I see here, it is ripped during
a portion of the paragraph.
But I see here, "Do not apply or
allow to drift to blooming crop
or weeds."
>> Judge Judy: Listen to me
carefully.
>> Yes, ma'am.
>> Judge Judy: You just said to
me, it's supposed to be diluted.
>> Yes, ma'am.
>> Judge Judy: That's the first
level.
>> Yes, ma'am.
>> Judge Judy: Okay?
That's what you're looking for.
You're looking for where it's
supposed to be diluted.
And then you have to have proof
that he didn't dilute it.
Just show me where it says it's
supposed to be diluted.
>> Not in that report,
Your Honor?
>> Judge Judy: It doesn't say
it's supposed to be diluted.
The report may say it's supposed
to be a lot of things, sir.
This is a product that's sold
over the counter in Home Depot.
>> I never saw it there.
>> Judge Judy: You may be
injured.
I suggest to you, if you're
injured, then what you have to
do is sue Home Depot and Ortho.