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Case of mistaken foliage leads to lawsuit against insurer

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Case of mistaken foliage leads to lawsuit against insurer

A couple in Sarver, Pennsylvania, is suing an insurer whose adjuster was sent to investigate a fallen tree on their property but reported to police that the couple was growing marijuana — when it was really a hibiscus plant, the Associated Press reported Sunday.

Edward and Audrey Cramer say in their lawsuit they were handcuffed for hours in a police patrol car after a Nationwide Mutual Insurance Co. agent sent photos of their flowering plant to police. The lawsuit also alleges that Buffalo Township, Pennsylvania, police officers with assault rifles went to their home on Oct. 7 to investigate, according to the wire report.

Mrs. Cramer, 66, claims she was not fully dressed when she went to the door and police would not let her put on pants before she was handcuffed. Mr. Cramer, 69, said he returned home 30 minutes later to find his wife in the back of a police cruiser and officers pointing guns at him. He also was placed in the cruiser despite trying to convince the officers the plants were hibiscus, not marijuana.

“They actually ignored me,” he said. “They wouldn’t even listen. I said, ‘I can show you pictures on the internet.’”

The couple was eventually released without charges. They are seeking monetary and compensatory damages and court costs, according to the Associate Press.

Nationwide Insurance declined to comment on Friday, citing the litigation. Township police also declined to comment.

 

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