Strict Liability, Medical Monitoring Claims Against Builders/Developers Can Proceed, Fla. Drywall Judge Rules

FORT LAUDERDALE, Fla. - A Florida judge has ruled that plaintiffs can sue builders and developers for economic damage and medical monitoring resulting from allegedly defective drywall installed in their homes. In Re: Chinese Drywall Litigation, No. 11-90000 (01) (Fla. Cir. Ct., Broward Cty.).

In separate orders issued July 21, Broward County Circuit Court Judge Charles M. Greene denied motions to dismiss the plaintiffs' omnibus claims after defendants argued that they were barred by the economic loss doctrine and should otherwise be dismissed outright.

The defendants had argued that the homeowners could not proceed in tort with their drywall claims …