VA families to testify in drywall case

HAMPTON ROADS, Va - Seven families from Hampton Roads will represent the nation in the first federal defective Chinese drywall civil trial. A federal judge took two very significant steps Thursday. He ruled against the Chinese manufacturer of defective drywall and decided Virginia's experience will help determine how much the company should pay.

Several homeowners in the Hollymeade neighborhood in Newport News are part of a class action lawsuit against the Chinese manufacturer that made defective drywall. The case is heading to trial in New Orleans, where a federal judge decided seven Virginia homeowners will testify about how the product has impacted them.

It's a story that's become familiar in the last year as 10 On Your Side has investigated defective drywall.

Friday, Preston McKeller told WAVY.com, "We had a lot of electrical failures and heating problems. [So have] a few others in the community."

McKeller's attorney advised him not to speak about the trial that starts in less than 60 days because he will testify. However, the husband, father, and frustrated homeowner did explain what he hopes will happen. "I would like to see all of the houses in the neighborhood be given a remediating. It's the process to remove the problem, along with fix the electrical. It's a very extensive process."

Another Hollymeade family, will also be part of the first defective drywall federal trial. The Michaux's rent an apartment while the family home sits empty. In addition, four Williamsburg homeowners and one Virginia Beach homeowner will participate in the trial.

The trial is scheduled for January 25, 2010 in New Orleans, Louisiana. WAVY.com obtained copies of an order decided Thursday, and filed Friday in the United States District Court, Eastern Division of Louisiana. Federal Judge Eldon Fallon essentially entered a judgment against Taishan Gypsum, the Chinese drywall manufacturer. The court documents say defendant, Taishan Gypsum "...failed to plead or otherwise defend the action." Therefore the order was entered against the defendant in favor of the plaintiff. The plaintiff in the case is Germano, which includes all of the homeowners across the country who have joined the class action lawsuit. The seven Hampton Roads homeowners headed to trial will serve as the names, faces and stories of Germano in court. Their homes represent a range of sizes, and some homes are full of the Chinese drywall, while others may have it in just a room or two.

Even if after trial, the judge orders the manufacturer to cover all costs associated with defective drywall damages, it may not be the end of the story. As 10 On Your Side has reported, the Chinese government owns a large part of the company and could fight payment.