Chinese Drywall Maker Admits Defective Product, Disputes Damages in Key Court Case
By Jim Greene
Published on April 02, 2010
A Chinese drywall maker, in a lawsuit meant to set the stage for future cases, admitted supplying a defective product, but is attempting to limit the scope and cost of repairs to the home in which the material was installed.
In a case being heard in U.S. District Court for the Eastern District of Louisiana, in New Orleans, before District Judge Eldon Fallon, attorneys for German-owned Knauf Plasterboard Tianjin Co., Ltd., said the company would pay to replace drywall it admitted was defective, as well as molding, carpets, electrical switches and outlets, and a granite countertop.
Company Disputes Liability for Some Items
At issue is the cost of those repairs, and the demand by homeowners Tatum and Charlene Hernandez that the company also pay for repairs to electrical wiring and for replacement of some appliances and personal property.
The plaintiffs, along with those in hundreds of lawsuits across the country, claim that Chinese drywall emits corrosive fumes that damage air-conditioning system parts, electrical wiring, plumbing, and personal items, such as flatware and jewelry.
Chinese drywall is made with fly ash, a byproduct of coal-burning power plants that is known to contain high concentrations of contaminants found in raw coal, including sulfurous compounds.
Examples Cases Meant to Reduce Efforts for Others
The Hernandez case is one of ten example cases selected from more than 600 Chinese drywall lawsuits consolidated in Fallon's court. Pretrial rulings made in example cases are applied to all consolidated cases, reducing duplicated efforts and eliminating conflicting decisions that could occur if the cases were being heard in different jurisdictions.
Once the example cases go to trial, attorneys for both sides will be monitoring outcomes to determine how they may apply to future trials. This could result in some cases being settled out of court.
If your home was damaged by Chinese drywall, contact an experienced defective products attorney. Decisions are being made in courts across the land that could affect your case. Your attorney will have the latest information needed to fight for your right to compensation.
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