Judge Joseph Farina of Miami-Dade County Circuit Court has certified the country’s first class action lawsuit in the Chinese drywall debacle. However, the class is limited to those residing in the Keys Gate subdivision. The class may grow to include 152 homeowners who may be affected by the contaminated drywall that’s corroded electrical appliances and left a foul sulphur-like smell in homes containing the Chinese drywall.
According to the judge’s order, the following issues will be determined in the case:
* Whether the Chinese drywall in the plaintiffs’ homes is defective.
* Whether Banner Supply is liable in negligence or supplying and/or distributing the Chinese manufactured drywall.
* Whether all defendants are strictly liable for selling/distributing Chinese drywall.
* Whether the drywall damaged the plaintiffs’ homes.
* Whether the homes were purchased from South Kendall and/or its affiliates.
* Whether South Kendall and/or its affiliates breached the statutory implied warranty of liability in selling homes containing Chinese drywall.