1-15-2010-National Gypsum target of drywall lawsuit

South Florida Business Journal - by Paul Brinkmann

Two families in Lee County are seeking class action status in a federal lawsuit, filed in Miami on Tuesday, alleging that National Gypsum Co., an American drywall manufacturer based in Charlotte, N.C., and Miami-based Banner Supply distributed defective high-sulfur drywall that ruined their homes.

The suit, filed by George and Brenda Brincku and Lydia and Apolinar Garcia, echoes allegations made in previous lawsuits that National Gypsum has repeatedly denied that the company’s domestic drywall product causes metal corrosion similar to that caused by Chinese-made defective drywall.

“Defendant National Gypsum knew of the defective nature of their American-manufactured drywall as described herein and the probable impacts; however defendant National Gypsum actively concealed same from the consuming public,” the suit states.

Chinese drywall has been implicated in widespread problems for thousands of homeowners in Florida and other southeastern states, where the wallboard was used when domestic supplies were short during the construction boom from 2004 to 2007. Complaints about Chinese drywall include metal corrosion of air conditioners and other household items, and complaints about medical problems like headaches and nosebleeds.

The Brinckus have alleged for almost a year that they experienced the corrosion problems with only domestic wallboard in their home. The Garcias allege the same problems in the new suit.

National Gypsum has publicly denied the Brinkcus’ allegations several times, including a news release from the company in December that stated: “While National Gypsum wallboard is not part of the problem associated with defective Chinese wallboard, the company is working with consumers, customers, and government agencies to provide information and find solutions.”

Banner has also defended itself in lawsuits alleging that it is responsible for distributing defective drywall.

National Gypsum has a large manufacturing plant in Apollo Beach that supplies much of South Florida.

Federal class actions suits targeting Chinese-based manufacturers, including German-owned Knauf Plasterboard Tianjin, have been consolidated in Louisiana. Those suits are also facing the challenge of taking on foreign defendants.

The new federal lawsuit against National Gypsum and Banner Supply is being handled by attorneys from Boca Raton-based Leopold Kuvin and Ohio-based Gary, Naegele & Theado.

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