Oregon couple sues neighbor over unbearable stench that forced them to wear gas masks
The plaintiffs claim that the smell has caused them health problems and prevents them from enjoying the home where they have resided for more than four decades.
John and Trudy Benjamin, residents of Parkrose Heights, Oregon, decided to go to court after months of dealing with an odor they described as unbearable and potentially dangerous coming from a neighboring house.
According to the lawsuit filed against her neighbor, Karen Ward, a combination of raw sewage and chemicals from a small mobile home located on the adjacent lot would have created an environmental problem that directly affects her quality of life, according to OregonLive.
The couple maintains that the stench has transformed their home into a difficult place to live in and that the situation continues despite multiple attempts to find a solution.
The smell started in August and got worse
According to the story of Trudy Benjamin, 67, the first signs of the problem appeared in August of last year.
The woman explained that she initially smelled a strange smell coming from the small structure installed next to the main house on the neighboring property.
As the weeks passed, the smell became more and more intense.
“My husband walked by and smelled it and said, ‘Oh my God, what is that?’” Trudy recalled.
According to the lawsuit, the situation prevented them from enjoying daily activities such as working in the garden or staying in the yard of their own house.
Gas masks and closed windows
The Benjamins say the problem reached such a magnitude that they were forced to completely change their routine.
According to the judicial action, they keep the windows and doors closed permanently and use gas masks with carbon filters when they go outside or get out of their vehicle at the entrance to the home.
They even claim that visitors and friends have detected the smell impregnated on their clothes.
Their lawyer, Karl Anuta, maintains that doctors recommended the couple temporarily leave the property due to potential health risks.
Fainting and serious injury
Among the damages alleged in the lawsuit is an incident suffered by 77-year-old John Benjamin.
According to the document, the man lost consciousness due to the strong smell and fell to the ground, fracturing his kneecap.
The injury required surgery and a lengthy physical rehabilitation process.
The couple also claims to have experienced recurring symptoms such as dizziness and nausea.
The theory about the origin of the problem
The plaintiffs' lawyer believes that the origin of the stench could be related to a chemical toilet used in the small mobile home.
According to this hypothesis, the system would have suffered a leak that allowed liquid waste to accumulate on the ground.
Anuta also maintains that bleach would have been used to try to neutralize the odor, which could have generated a chemical reaction upon contact with ammonia present in the urine.
The mixture of both substances can produce toxic gases known as chloramines.
However, so far no official results of environmental studies have been released that confirm this theory.
The owner's version
Karen Ward, who does not have legal representation in the process, rejected part of the accusations.
In statements sent to local media, he explained that the small home had a toilet for recreational vehicles and a portable septic tank.
Likewise, he assured that both systems were removed at the end of April and that the waste was cleaned.
However, the Benjamins maintain that the smell remains present even after this work.
The couple is seeking financial compensation of more than $200,000 for the damages suffered.
According to court documents, they are seeking compensation for non-economic damages in an amount determined by a jury, up to a maximum of that amount.
Additionally, they are seeking a court order requiring the tiny mobile home to be removed or prevented from being used until it has a proper connection to the sewer system.
After more than 40 years living in the same home, the Benjamins assure that their main objective is not economic.
According to their lawyer, what they want is to regain normal use of their home without having to rely on respiratory protective equipment to go out into the garden or open a window.

