US: National Gypsum Company has announced that the plaintiff in Yee versus National Gypsum, et al. (pending in the US District Court for the District of Arizona) voluntarily dismissed his putative nationwide class action lawsuit filed against the company in October 2009.
"While we are pleased with the outcome of this case, we are hardly surprised. Throughout this litigation, we have never doubted the quality and safety of our gypsum wallboard and were confident we would be fully exonerated," said Craig Weisbruch, senior vice president of sales and marketing. "Our wallboard has passed the industry's most rigorous testing and certification processes for indoor air quality and has been used by the US Environmental Protection Agency (EPA) and the US Green Building Council in their buildings."
The putative class action, (Raymond) Yee versus National Gypsum, et al., alleged that the company manufactured defective wallboard that emitted high levels of sulphur, damaged property inside homes and caused health problems. These problems have typically been associated with allegedy defective Chinese wallboard and not US wallboard. National Gypsum vigorously defended itself against the claims and denied all allegations. The plaintiff did not produce any credible scientific evidence that could substantiate his allegations. "We have not seen any reliable evidence that our gypsum wallboard poses any of the issues associated with defective Chinese wallboard," said Weisbruch.
"The decision to dismiss the case without prejudice is not a reflection of the merits of Mr Yee's case," said William Anderson, an attorney representing the Arizona homeowner. "The dismissal in no way exonerates National Gypsum and any assertion to the contrary is irresponsible and false. Mr Yee is a member of the proposed class in litigation in Florida and we will watch with great interest how that case proceeds."
Robert Gary, who is working on the Florida case, said it made sense to move Yee's case to the Florida lawsuit. The 93 plaintiffs in that lawsuit say that National Gypsum wallboard caused corrosion problems in their homes. "Everyone has decided that the cases are most appropriately centred in Florida, because that's where the bulk of the victims are," said Gary. "The suit involves the same team of lawyers involved in the Arizona case."
The Consumer Product Safety Commission is leading its own investigation into reported American wallboard problems.
