As many as 152 families from three Homestead neighborhoods will be a part of the first class-action suit in the country over tainted drywall imported from China, providing hope that American companies will also have to pay for damage from the product, installed in new homes built during the housing boom and after a parade of hurricanes in 2004 and 2005.
On Thursday, Miami-Dade Circuit Judge Joseph Farina approved class-action status for a case brought by Jason and Melissa Harrell, who bought a home in the Keys Gate neighborhood in 2008.
``It sets the groundwork for these cases to be resolved on a class-wide basis, rather than on a home-by-home basis,'' said the Harrells' attorney, Victor Diaz of the Miami firm Podhurst Orseck. ``If we have to go home by home, justice will be delayed.''
The suit targets homebuilder South Kendall Construction Corp., Palm Isles Holdings, Keys Gate Realty and Banner Supply and includes only condo, townhome and single-family homeowners living in the Palm Isles, Arbor Place and Augusta Green subdivisions, in and around where the Harrells lived.
Homeowners will receive a notice in the mail asking if they would like to join the suit.
Some brands of drywall imported from China have been found to emit large amounts of hydrogen sulfide, which corrodes and blackens some metal in homes and can make houses smell like rotten eggs. Many homeowners also believe the drywall is responsible for breathing problems and nosebleeds.
Nationwide, about 3,300 homeowners have complained to the Consumer Product Safety Commission about the drywall in their homes.
As the court waits to hear which eligible homeowners wish to join the Harrells' suit, another drywall case will be heard in Miami-Dade. On June 7, jury selection begins in a lawsuit filed by Armin and Linda Seifart against Banner Supply.
The Harrells bought their home in early 2008, hoping to build a pool and fence in the backyard so their two boys could play safely outside. But they moved into a rental home about a year later, when the smell became too much and their sons repeatedly became ill. After the couple struggled with mortgage payments and rent for months, the bank began foreclosure proceedings on their now-unsellable home.
``We're starting to see the light at the end of the tunnel,'' Melissa Harrell said, although she isn't sure a victory in court that will pay for repairs means moving back into their former home.
``There's a lot of bad memories,'' Jason Harrell said.
The couple is also suing drywall manufacturer Knauf Plasterboard Tianjin in federal court, but federal cases from around the country are all being heard by one judge in Louisiana. It could be months before that suit is resolved.
Federal Judge Eldon Fallon has begun ruling on cases and so far, he has awarded damages to homeowners from Virginia and Louisiana.
This article was written by Nirvi Shah of The Miami Herald
http://www.miamiherald.com/2010/05/28/1652094/chinese-drywall-lawsuit-gets-class.html
When a large group of people has suffered similar injuries due to the actions of a corporation, business or individual, it often makes more sense to file a class action or mass tort lawsuit rather than pursue individual claims. Class action and mass tort lawsuits provide an opportunity for groups of people, all of whom have been similarly wronged, to sue collectively. Class actions lawsuits often save claimants time and money.
Contact the Personal Injury Attorneys at Murphy Law Firm if you have been affected by defective Chinese drywall at 225-928-8800.
http://www.batonrougeinjuryaccidentattorney.com/Personal-Injury/Class-Action-Mass-Tort.shtml
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