Monday, March 24, 2014
Please help Edna and Marshall Pettipas
Please help Edna and Marshall Pettipas
To All On My Mailing List,
Just over two years ago Edna and Marshall Pettipas of Afton, Nova Scotia, having lost their health and their home, filed a lawsuit for personal injuries against Bell Aliant Regional Communications for operation of a cell tower on their land. On January 27, 2014 the Supreme Court of Nova Scotia issued a ruling against Bell Aliant, allowing their case to go to trial. The Pettipas have the best chance of winning against this industry, and of setting a precedent on behalf of us all, of anyone I know—and they need some financial help. Information on how to donate is at the end of this email.
The Pettipas bought their 16-acre property in 1994 with the hopes of one day building a home with views of St. Georges Bay. In 2001, they were approached by Bell Aliant about the possibility of placing a cell phone tower on the property. Edna said they faced intense pressure by the company.
“They told us that we either agree to let them put the tower up there behind our homesite or if we didn’t they would go to a neighbour and the tower could have been located beside or in front the house,” she said. “I felt blackmailed.”
Having been reassured that there were no safety issues, they gave a 20-year lease to the company, which erected the tower in February 2002. In 2007 they built what was supposed to be their dream home, and they moved in. “We started getting sick instantaneously,” Edna said. “The more exposure we got the sicker we got.” And in September 2008, she and her teenage daughter moved out of the house after discovering Edna’s tumor marker levels were “through the roof.” They tried moving back into the house in March 2009 but didn’t last the day. Every time she was on the property her tumor marker levels skyrocketed, and when she left, they came back down.
Edna has been diagnosed with electromagnetic hypersensitivity (EHS), and she has also developed breast cancer and had a bilateral mastectomy. “I won’t be getting my breasts back,” she says. I may never completely recover from this but I’ll take what I can get if I am completely compensated. It would be nice for me to move into my dream home.” The Pettipas are suing Bell Aliant for fraudulent and negligent misrepresentation, and for breach of implied warranty.
The Pettipas’ lawyer, Jamie MacGillivray, is handling the case on contingency, which means he will only get paid if they win. But to put together the best possible case, they will need to raise significant funds to pay for expert witnesses and other expenses. Dr. Ben Boucher, who is Edna’s family doctor, as well as Dr. Jonathan Fox of the Nova Scotia Environmental Health Center, and Dr. Magda Havas of Trent University, have already submitted reports, and have agreed to testify at trial, which is scheduled to take place in April 2015. But the Pettipas are also looking at flying in experts from France and Australia. Their deadline for naming expert witnesses is , so they must begin fundraising now.
The Pettipas are asking the court to order the termination of Bell Aliant’s lease and the removal of the tower, as well as to award them damages for the loss of use of their property and for personal injuries.
The Nova Scotia Supreme Court’s decision that this case shall go to trial is here: http://canlii.ca/t/g2z88.
A project within the Cellular Phone Task Force, called the Pettipas Project, has been created for the purpose of accepting tax-deductible donations to pay expenses for this lawsuit. Donations can be made via Paypal on our website: http://www.cellphonetaskforce.
org/?page_id=196 or by check to: Cellular Phone Task Force, PO Box 6216, Santa Fe, NM 87502, USA. Remember to write “Pettipas Project” on your check, or choose “Pettipas Project” on the donation form on the website. Canadian or other foreign donations will not be tax-deductible, however we will accept and forward all donations to the Pettipas.
Please distribute this email.
Arthur Firstenberg, president
Cellular Phone Task Force
PO Box 6216
Santa Fe, NM 87502