Jul 2 2009
In a Fairness Hearing on June 30, 2009, Justin Lucey of the Lucey Law firm and Mary Leigh Arnold, P.A., received final approval to proceed with a Class Action settlement on behalf of Plaintiff Charles Salmonsen and others similarly situated versus CGD, Inc., formerly known as Charleston Gypsum Dealers & Supply Co. (CGD).
The action, approved in the Court of Common Pleas for the Ninth Judicial Circuit (CASE NO: 2000-CP-10-4870) in Charleston County, South Carolina, allows this $1.5 million settlement for homeowners impacted by allegedly faulty construction materials, particularly the Exterior Insultation and Finish System (EIFS) or synthetic stucco, for water intrusion damage based on breach of implied warranty, breach of express warranty, negligence, and strict liability.
On October 23, 2002, Salmonsen filed an Amended Complaint in the Ninth Judicial Circuit (CASE NO: 2000-CP-10-4870, Charleston County, SC) on behalf of himself and other similarly situated homeowners, which named CGD, Inc., f/k/a Charleston Gypsum Dealers & Supply Co., Inc. ("CGD"), and each of its former shareholders as defendants. In the Amended Complaint, Salmonsen alleged products liability claims against CGD for breach of implied warranty, negligence, and strict liability. As to the former shareholders, Salmonsen alleged they were personally liable for the distribution of the corporation's assets in lieu of paying the corporate liabilities.
This week's Fairness Hearing and approval will allow homeowners impacted by synthetic stucco product Parex EIFS, which has been alleged to be defective in that it traps water and causes walls to rot from the inside out, to join this class action and benefit from the settlement. To be eligible to participate in the settlement, the Parex EIFS must have been sold by Charleston Gypsum & Supply, located in N. Charleston, SC, between 1991 and May 15, 1995.
Homeowners within Charleston County and in other counties in South Carolina can find more information on how to participate in the Class Action lawsuit at www.lucey-law.com .