Fla. Judge Excludes Expert Report Linking Drywall Damage to Sulfuric Acid-Producing Bacteria

FORT MYERS, Fla. — A federal judge has ruled that plaintiffs in a case involving domestically manufactured drywall may not supplement an expert report to include a new theory of how the product caused damage within their Florida home. Brincku v. National Gypsum Co., No. 11-338 (M.D. Fla.).

Judge John E. Steele of the U.S. District Court for the Middle District of Florida ruled May 15 that the new causation theory based on the production of sulfuric acid by sulfur oxidizing bacteria was offered too late to be considered justified or harmless to defendants in the case.

Defendant National Gypsum …