The Wall Street Journal recently reported that Judge Glenn Kelley of the 15th Judicial Circuit Florida ruled in favor of defendant homebuilders on homeowners' claims that Chinese drywall installed in their houses was defective resulting in economic loss and personal injuries. In the decision of Bennet v. Centerline Homes, No. 50 2009 CA 014458 (15th Jud. Circuit Fla.), entered November 5, 2010 and made public recently, Judge Kelley ruled that because home builders did not manufacture the problematic drywall and were not within the chain of distribution, they could not be held “strictly liable” for the alleged defects. The Journal notes that “legal observers say that the decision could set a template for other judges to use to adjudicate drywall cases across the country.” The court made favorable rulings on the economic loss rule, dismissed plaintiffs' claims for private nuisance because the was no "support [for] the contention that a nuisance may exist absent a defendant's exercise of its property rights" and ruled that strict liability does not apply to improvements to real property.
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Wall Street Journal reports on Florida Chinese drywall decision
- Edwards Wildman Palmer LLP
- USA
- November 11 2010
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Nadia Martel
Senior Legal Counsel
Bombardier Recreational Products Inc