On Tuesday, a federal judge delivered the second ruling in a series of defective Chinese drywall lawsuits which are currently underway. U.S. District Court Judge Eldon E. Fallon, who is overseeing all of the federal Chinese drywall lawsuits, awarded a Louisiana family $164,000 plus attorneys’ fees and court costs. This figure includes $5,400 designated to compensate the family for damaged personal belongings as well as $20,000 to pay for a place to live while their house is being fixed.
The primary point being contested during the weeklong trial was the extent of repairs that would be necessary to rectify all damage caused by the defective drywall. The family’s lawyer argued it would cost approximately $200,000 to fully fix all damage, while the drywall manufacturer’s attorneys claimed that many household components, including wiring, plumbing, and air-conditioning could remain intact, reducing repair costs to about $58,000.
Judge Fallon ruled in favor of the family, ordering the entire house to be gutted down to the studs and all drywall replaced. In addition, the drywall manufacturer must replace:
- Ductwork
- Electrical system
- All copper and silver components
- Heating-and-cooling system
- Damaged appliances and consumer electronics
The ruling in this case is fairly consistent with Judge Fallon’s previous Chinese drywall ruling earlier this month, in which he awarded $2.6 million to seven Virginia homeowners. In both cases, Judge Fallon has ordered extensive repairs, establishing a precedent for remediation expectations in future defective product lawsuits.
The awarding of attorneys’ fees was also significant, since it prevents injured homeowners from having to use funds designated for repairs to compensate their attorneys.
There are still many hurdles to overcome before the Louisiana family will receive their settlement. The Chinese drywall company plans to appeal the ruling. Furthermore, they have implied that the fact that they participated in the trial does not necessarily obligate them to pay the damages. In the first defective Chinese drywall claim, the company charged in the suit never even presented a defense, and they have been resistant to paying the $2.6 million they were held liable for.
Currently, the Consumer Product Safety Commission has received more than 3,000 reports of homes across the United States which have been contaminated by defective Chinese drywall. However, experts estimate that this figure is much lower than the actual total.
If your home has sustained damage caused by Chinese drywall, an experienced defective product lawyer can help you receive the compensation you need to properly repair your house.
If you have a defective Chinese drywall case in the Norfolk, Newport News, or Roanoke, Virginia areas, please contact the defective product lawyers at Kalfus & Nachman today to schedule your free initial consultation.
Written by Andrew Martin: professional blogger and guru of misfortune.
