Children poisoned in their sleep after fumigation in townhouse complex: lawsuit launched in Gqeberha

When a Gqeberha company fumigated a Kabega Park home, leading to the horrific deaths of two children, it was allegedly not registered to work with the odourless yet deadly methyl bromide.

And now, almost three years to the day, the company is being sued for nearly R4m. 

But as the civil action only gets started, with court papers filed with the Gqeberha high court last week, Matthew and Tammy Ingram’s parents have had to deal with their grief every day.

Their father, Stanton Ingram, said it had been a long and bumpy road.

“Dealing with grief is a difficult thing,” he said.

“You think you have it under control and then later the same day a new wave of emotions sweeps you off your feet.

“You are no longer the same person, your relationships with family and people change.”

Ingram and his wife, Selina, are now suing fumigation company Pestpro in Lorraine for past and future medical expenses, loss of income and general damages due to their pain and suffering.

From the very beginning, I made up my mind to guard my heart against anger and rage that would influence my character. I didn’t want to lose who I was.

—  Stanton Ingram

On August 22 2020, a violently ill Tammy woke her parents up in the early hours of the morning.

The Ingram family, unknowingly poisoned in their sleep after a fumigation at a unit in their complex, spent the hours that followed fighting to survive as they battled uncontrollable vomiting, lameness and, later, fits.

Tammy, 12, was dead by the next morning. Then, in a double blow for her parents, Matthew, 17, died days later on September 18.

In court papers, lawyers for the family, attorney Lunen Meyer and advocates Bronwyn Westerdale and Olav Ronaasen SC, said that on August 21 2020, Pestpro had carried out the fumigation using methyl bromide at unit 21 at the Glenfields, Ritchie Crescent, complex.

Residents in adjoining units 19, 20 and 22, divided by an internal common wall and sharing one roof, were pre-warned to exit their homes for the day.

The Ingrams, in unit 18, were never informed.

“The defendant carried out pest control management services and was at all times represented by its member and employee, Christopher Inch, who conducted himself as a pest control operator,” the court papers say. 

According to the papers, Pestpro owed members of the public, including the Ingrams, a duty of care to ensure:

• their services were carried out in a manner compliant with regulatory and statutory provisions;
• it had permission and certification to handle and use methyl bromide;
• all units, including that of the Ingrams, were notified that they had to vacate for a period of 24 hours;
• that all units in proximity of unit 21 were notified as to the highly toxic nature of methyl bromide, more particularly that exposure could be fatal; and
• unit 21 was properly secured so that the methyl bromide did not spread to other units.

The court papers claim that Pestpro acted negligently and wrongfully.

“The defendant failed to render pest control services in a manner compliant with regulatory and statutory provisions, more particularly that the defendant and its pest control operator were not validly registered with the department of agriculture, forestry and fisheries at the time of the fumigation.

“They failed to obtain permission and certification for the handling and use of methyl bromide at the time of the fumigation.”

The court papers further state that it was at all relevant times foreseeable that harm or injury could be caused, and, in this case, it led to the death of Matthew and Tammy. 

“The deaths of both Tammy and Matthew were as a direct consequence of the defendant’s breach of their wrongful and negligent conduct.”

Ingram and Selina had suffered significant emotional shock and psychological dysfunction as a result of the deaths of both their minor children.

“They have suffered and will continue to suffer.”

Ingram is provisionally claiming:

• R500,000 in general damages for the emotional shock, suffering and loss of amenities of life;
• More than R1.5m for past hospital and medical expenses in that Matthew and Tammy were in ICU at Netcare Greenacres Hospital receiving renal care, blood tests, radiology and the services of a neurologist. Ingram also had to seek psychological treatment;
• R100,000 for future hospital and medical expenses for psychological treatment; and
• R600,000 for loss of income/diminished earning capacity in that his earning capacity has been reduced or compromised due to his sequelae.

Selina is claiming:

• R500,000 in general damages;
• R5,800 for past medical expenses;
• R100,000 for future medical expenses; and
• R400,000 for loss of income.

According to the court papers, these amounts are subject to change.

Contacted for comment, Inch would only say his lawyer was dealing with the matter. 

The court action comes at a time when Tammy would have celebrated her 15th birthday.

“It has been an emotional week leading up to Tammy’s birthday,” Ingram said.

“I still have to put on a happy face and be strong.

“I always hope others don’t pick up on my situation.”

He said he lived the life of a bereaved father, but he needed to find ways to navigate that grief, be the strong one and fend for his family.

“I am mostly the one holding Selina up. She is the mom.

“Perhaps it’s the way a dad or a husband is designed — to be the protector.

“But I do share my weaknesses with her, and in those moments she is my pillar.”

The Ingrams have been married for 22 years. 

Asked how their marriage managed to survive such a tragedy, Ingram said: “It is so easy to be overtaken with emotion, you can lose who you are to anger and rage.

“From the very beginning, I made up my mind to guard my heart against anger and rage that would influence my character.

“I didn’t want to lose who I was.

“So I try to conduct myself as if they were still here.

“I have chosen the path of faith, where I am searching for the faith which I once had.”

I need to know what led to our tragedy. For me to understand the circumstances, and then to deal with that.

He said he spent a lot of time in Tammy and Matthew’s rooms so that he could feel close to his children.

“I do struggle with anxiety and concentration. We were all very close.”

Admitting Tammy was very much a daddy’s girl, he said he had taken her to school every morning from the age of five — something he now truly missed.

Asked how he felt with the court case, he said he just desperately wanted for what took place to be revealed.

“I need to know what led to our tragedy. For me to understand the circumstances, and then to deal with that.

“I want to one day be able to look at my kids’ photos, have a conversation with them and smile.

“Right now, it is too difficult for me to look at their photos.”

He said they were blown away by the support they had received from Tammy and Matthew’s schools, friends, family, colleagues, the church and even strangers.

“I was amazed how people reached out to us.

“This helped me personally as a dad, that my children are special in the hearts of people.”

While he would have preferred to grieve quietly, he said, the media had also played an important role in ensuring Matthew and Tammy were never forgotten.