Shingles Class Action Lawsuit

We, along with a small group of almost sixty other New Jersey residents, filed a federal lawsuit today against certainTeed Shingles Class Action Lawsuit Company and certain affiliated companies. We are members of the Class Action Association of New Jersey. We filed this lawsuit on behalf of our client, who is a former roofer for SureTeed, Inc. and is owed tens-of-thousands of dollars in back payments and interest. Our client did not direct or work on any construction projects that resulted in the injuries that he has endured.

The complaint was filed against defendants Stainboard Contractors, LLC; defendants Stainboard Metal LLC; defendants Stainboard Roofing Inc. and defendants Apex Contracting LLC. The claim in this lawsuit seeks damages for personal injury, negligence and property damage. The injury that our client suffered consisted of third-degree burns to his hands and wrists. He also experienced pain, stress, strains and bruises to his back, neck, arms, shoulders, knees and wrists.

According to the complaint and the answer included as evidence in this New Jersey Class Action Lawsuit, the defendants recklessly neglected a duty of care to insure the safety and welfare of the plaintiff, by allowing certain contractors to use substandard products which caused the injuries. They further violated the Fair Labor Standards Act and endangered the plaintiff’s right to fair compensation by permitting the defendants to disregard or fail to properly warn about hazards inherent in certain materials. Finally, they refused to correct these hazards, despite knowing or having knowledge that they were dangerous. The defendants failed to train their employees in the proper use of materials and did not provide reasonable accommodations for the workers who suffered injuries. The workers’ compensation claim in this case is a class-action lawsuit. If you are a victim in this case, you have a claim to pursue.

In the above-mentioned Nourse case, the court held that there was indeed negligence on the part of the defendant and awarded a settlement to the plaintiff, but was then denied by the defendant again in a New Jersey Class Action Lawsuit. The plaintiff then moved to consolidate all the cases against the defendant in one lawsuit, but the court denied his request citing that the plaintiffs failed to establish a case or have a sufficient case to warrant such move. The defendant then filed an answer denying all the claims in the complaint. However, after the judge reviewed the complaint and its attachments, she affirmed the dismissal of the case citing the deference that the court gives to the expertise of a medical expert in evaluating the extent of a victim’s injury. The court cited that the dismissal of the case from a state court would be consistent with the statute of limitations in that state as well as with its policy of encouraging responsible reporting.

The defendant then filed an answer denying the accident claim. The defendant failed to mention that the accident itself occurred in his home while he was sleeping. A jury eventually awarded the plaintiff a judgment for the amount of the patient’s actual medical costs as well as for pain and suffering. The defendant also failed to mention that he had used Advil to relieve his pain. He instead maintained that the pain he felt from the accident occurred after he had left his home.

On appeal, the Third Circuit found merit in the claim. It stated that under the circumstances described in the complaint, there was a likelihood that the claim was indeed valid. Additionally, the fact that the defendant’s sleep was affected by the shingles and that he had not driven for two days made the injury more than minor. Accordingly, the court affirmed the judgment in favor of the plaintiff.

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