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drywall-comment- after reading allegations

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  • Jurydoctor@aol.com
    The?price?to rebuild the house at the same quality will be an issue so you would need a contractor expert witness to determine damages in terms of tearing down
    Message 1 of 2 , Aug 13, 2009
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      The?price?to rebuild the house at the same quality will be an issue so you would need a contractor expert witness to determine damages in terms of tearing down each house?and rebuilding. Betterment would be an issue to ensure the materials are?not of a better quality, aside from the drywall.? Proximate cause of?the damage would need to be proven to be the drywall.

      There are also personal injury issues involved.? The prior medical problems of each person would?need to be determined. Then what are reasonable damages that arise from the inhalation of the toxic substance???You would need a medical expert to do an IME to see what the present medical condition of each person is to determine whether they have sustained permanent damage.? Also, what if any was their pain and suffering? Is there a need for future medical care? An expert would tell you that.

      The case would likely be filed in Federal Court because there is diversity jurisdiction if the product manufacturer is from another state. The distributor would be sued too; could claim strict product liabilty against them.
      ?
      There may be coverage issues (will be insurance coverage issues) and also Statute of limitations issues; depends on when the hazard was first discovered.
      ?
      Maybe punitive damages if they knew this drywall was toxic at the time they installed it? Maybe they knew and it was cheaper so they installed it or made it anyhow with knowledge of the danger?
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      The place where the harm occurred is here and so are most of the?defendants as well as the plaintiffs?so there would likely be jurisdiction here. In Federal Court.?



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    • suesarkis@aol.com
      Amy - If half of what I m reading in the papers regarding these cases is true, I believe the cases might eventually be thrown out via SJ since it would be an
      Message 2 of 2 , Aug 13, 2009
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        Amy -

        If half of what I'm reading in the papers regarding these cases is true, I
        believe the cases might eventually be thrown out via SJ since it would be
        "an act of God" which appears to have caused the problem.



        Sincerely yours,
        Sue
        ________________________
        Sue Sarkis
        Sarkis Detective Agency

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