New Orleans residents file lawsuit over defective Chinese drywall

Michelle Massey Jul. 30, 2010, 11:55am


Owners of a home on State Street Drive in New Orleans have filed a lawsuit against their home's renovators, claiming the house has defective Chinese drywall.

Michael McAvoy, Atara McAvoy, individually and on behalf of their two minor children filed suit against Interior Exterior Building Supply, Interior Exterior Enterprises, DEF Insurance Co., Silva Construction, ABC Insurance Co., Protocol Construction, formerly known as G&H Restorations, XYZ Insurance Co., Knauf Insulation GMBH also known as Knauf USA on July 20 in Orleans Parish District Court.

The McAvoys contracted with Protocol Construction to perform renovations on their home in March 2006, following Hurricane Katrina. The lawsuit states the family did not realize their home had defective drywall until September 2009.

"Defendants' drywall, used in Plaintiffs' home, is inherently defective because it emits various sulfide gases and/or other chemicals through 'off-gassing' that creates noxious, 'rotten egg-like' odors, and causes corrosion of air-conditioner and refrigerator coils, microwaves, faucets, utensils, copper tubing, electrical wiring, computer wiring, personal property, electronic appliances, and other metal surfaces and household items," the lawsuit reads.

The defendants are accused of fraudulent concealment, negligence, negligence per se, breach of Louisiana Products Liability Act, breach of express warranty, breach of implied warranty, fraudulent concealment, fraudulent misrepresentation, negligent misrepresentation, unjust enrichment, Violation of the Louisiana Unfair Trade Practices and Consumer Protection Law, breach of warranty of redhibition, breach of contract and warranty as to defendant Protocol Construction and medical monitoring.

The plaintiffs are asking the Court to award equitable, injunctive and declaratory relief, interest, treble and punitive damages, court costs and attorney fees, statutory damages, disgorgement of profits, medical monitoring, reimbursement for all costs and expenses incurred in the repair, and return of the purchase price of the McAvoy home.

The family is represented by Metairie attorneys Eric J. O'Bell and Earl G. Perry, Jr. of Gauthier, Houghtaling & Williams.

Judge Herbert A. Cade is assigned to the case.

Case No. 10-7442

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