Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: MONDAY, July 4, 1994 TAG: 9407040077
SECTION: VIRGINIA PAGE: C1 EDITION: HOLIDAY
SOURCE: TODD JACKSON STAFF WRITER
DATELINE: LENGTH: Long
\ It's been about nine years since Dr. Kathy Davieds and her husband, Rick, bought what they thought was their dream home - a farm on Bent Mountain in Roanoke County.
That dream, however, turned into a "living hell" that the Davieds say continues today.
The nightmare has been drawn out by illness, heartbreak, financial collapse and a fight with state authorities over their claim that they and their animals were poisoned by toxic substances present on the farm when they bought it.
The Roanoke Times & World-News published a front-page story on the Davieds' plight in 1989. CNN later aired a documentary segment about them. The media exposure prompted calls to the Davieds from others around the country in similar situations.
Kathy Davieds, a veterinarian, first began noticing diarrhea and muscle loss in one of her eight dogs in 1988. Her other dogs soon showed similar symptoms - little appetite and frequent, sometimes bloody vomiting, head tremors and other neurological problems.
The strange illness eventually killed a cat and one of the dogs, she said.
The Davieds said they have experienced gastrointestinal problems, diarrhea and nausea. Both had runny, acne-like lesions on their bodies. Kathy Davieds also had tremors and nosebleeds.
After seeking help and answers from numerous sources, the Davieds moved from the farm in 1989. They still own the property.
Both say they feel better today, but some of the effects of the contaminants remain.
And a lawsuit the couple filed in 1991 is still pending.
The Davieds are seeking $5 million in compensatory damages.
The suit claims "a willful, wanton disregard for human life" wasshown when the defendants named failed to disclose information about the suitability of the Bent Mountain property before the sale was completed.
Defendants in the suit include: Easley and Beth Johnson, the previous owners of the property; Don Charlton, the real estate agent involved in the sale; and Roanoke Land & Auction Co., Charlton's employer at the time of the sale.
The suit also asks for the maximum amount of punitive damages allowed under Virginia law from each defendant. The Davieds said they have suffered permanent disability, deformity and loss of earning capacity as well as the loss of the value of their property.
Because of the complicated scientific elements of the case and other factors, the suit has been continued several times over the past three years. The case was even dropped from the court docket at one point. It was reinstated by Roanoke County Circuit Court Judge Kenneth Trabue earlier this year.
It is scheduled to be heard in September, and the Davieds' attorney, Susan Oglebay of Pound, said she will request a jury trial.
Oglebay said she has spent "a substantial amount of hours" gathering background and evidence on the case. Experts from around the country - including New York University and the U.S. Navy - have conducted tests at the farm, and the results will be used in court, she said.
"Some heavy metal and detergent substance levels have been found to be too high in the soil and water at the farm," Oglebay said.
Kathy Davieds went a step further in a recent interview, saying the farm property was at some time used for waste disposal.
"The profile [of the farm from soil tests] compares to an industrial usage," she said.
Some substances found on the property include boron, polychlorinated biphenyls (PCBs), bromide, arsenic, formic acid and zinc, according to the 1989 newspaper story.
But did any of the defendants know about the alleged contamination when the property was sold?
Charlton, through his attorney, Dabney Pasco of Covington, said no in a motion shortly after the Davieds' suit was filed. In the motion, Charlton denies the allegations against him and asked that he be dismissed from the suit.
In a recent interview, Charlton said he was aware of the current status of the suit and referred any additional comment to Pasco.
Pasco said last week that he is trying to schedule depositions with those involved in the suit, which he said "seems to me to be a little frivolous."
Easley and Beth Johnson now live in Richmond and could not be reached for comment. Easley Johnson said in the 1989 news story that his family or animals had no health problems during the five years they lived at the farm.
Oglebay said last week that she has not decided whether she will subpoena the Johnsons.
Asked if the suit is frivolous, Oglebay said: "I wouldn't spend the amount of time I've spent on this if it was."
Kathy Davieds and her husband, now separated, say the lawsuit can't change what's already happened.
"The devastation of two people's lives is about as far from frivolous as you can get," said Kathy Davieds, who is working for an area veterinary service.
The Davieds said the crowning blow to their personal lives was a doctor's advice that the couple not have children because of unknowns about the effects of the contaminants.
The Davieds said they bought the farm with plans to have a child soon after.
Rick Davieds, an accountant with a Christiansburg lighting company, said the couple purchased the farm for $79,000 and "dumped" money into it as their dream project where they could raise a family.
"You look at [the farm], and you say this is God's gift to man," he said.
But it wasn't.
"I can't remember the years anymore. It's been so damn long."
by CNB