Fla. Judge Denies Drywall Installers' Motion to Dismiss Strict Liability, Negligence Claims

WEST PALM BEACH, Fla. - The judge presiding over the Broward County Circuit Court coordinated Chinese drywall docket has ruled that plaintiffs may proceed with strict liability and negligence claims asserted against companies that installed the product in their residences. In Re: Chinese Drywall Litigation, No. CACE11-90000(01) (Fla. Cir. Ct., Broward Cty.).

Judge Charles M. Greene ruled July 26 that the strict liability claims in plaintiffs' omnibus complaint are not barred by the economic loss doctrine, nor should they be dismissed as inapplicable to structural improvements to real property, as the installers argued in their motions to dismiss the claims.