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LOUISIANA RECORD

Tuesday, September 17, 2024

Louisiana Playground Safety Company Sues West Virginia Manufacturer Over Defective Binders

Federal Court
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In a dramatic turn of events, a Louisiana-based company has filed a lawsuit against a West Virginia corporation, alleging significant financial and reputational damages due to defective products. On July 17, 2024, No Fault LLC filed a complaint in the United States District Court for the Middle District of Louisiana against Stockmeier Urethanes U.S.A., Inc.

According to the complaint, No Fault LLC, which specializes in playground safety surfacing, accuses Stockmeier Urethanes of providing defective polyurethane binders that led to widespread failures in their installations across the United States. The lawsuit details how No Fault relied on Stockmeier's assurances about the quality and suitability of their product, only to face numerous complaints from customers regarding flaking and delamination issues. The plaintiff claims that these defects have caused substantial financial losses and damaged its business reputation.

The core of the dispute centers around Stockmeier's Stobielast® S 136 Binder. No Fault alleges that despite Stockmeier's aggressive marketing and repeated assurances about the binder's reliability in various climates, including cold weather regions, the product failed after being incorporated into safety surfacing installations post-2020. The complaint highlights that after a major freeze in Texas in February 2021 disrupted petrochemical production, Stockmeier continued to assure No Fault that their binder was unaffected by material shortages. However, performance issues began surfacing in mid-2023.

By early 2024, after investigating multiple customer complaints, No Fault identified that all failing installations used binders supplied by Stockmeier post-freeze. Despite notifying Stockmeier and requesting them to take responsibility for repairs and damages exceeding $2 million, No Fault claims that Stockmeier denied any fault and blamed other factors such as installation errors or rubber component manufacturers.

No Fault is seeking several forms of relief from the court: reimbursement for repair costs and property damage at customer sites using the defective binder; compensation for lost profits due to reputational harm; return of purchase prices with interest; attorney fees; and any other applicable damages under Louisiana law. They argue that Stockmeier breached warranties of fitness for use and engaged in unfair trade practices by misrepresenting their product’s capabilities.

Represented by attorneys J.E. Cullens Jr. and S. Layne Lee from Walters, Thomas, Cullens LLC based in Baton Rouge, LA, No Fault LLC has demanded a jury trial on all issues so triable under Case ID 3:24-cv-00578-EWD-RLB before Judge Erin Wilder-Doomes.

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