Defective Countertop Class Action
Babb v. Wilsonart International, Inc., Case No. CT-02-01818- Div. 4 (Circuit Court of Tennessee, 30th Judicial District for Shelby County Tennessee at Memphis 2004)
This case involved a kitchen countertop known as “solid surface veneer” (SSV) which was designed, manufactured and distributed by Wilsonart International. SSV consisted of a plastic like polymer material that had the look and feel of granite but was sold at fraction of the price. Our pre-suit investigation found that the veneer, which is glued to particle board, invariably cracked and warped because it was incompatible with the particle board to which it was adhered and that it could not withstand normal kitchen use. Our investigation further revealed that employees of Wilsonart had conducted pre-market testing of the SSV and discovered that it was defective and not suitable as a kitchen countertop. We also discovered that, in order to avoid liability, Wilsonart improperly blamed SSV’s problems on independent kitchen cabinet installers, claiming that poor installation (and not product design) was the actual cause of the cracking and warping. After significant discovery and litigation, we achieved a $23 million settlement on behalf of a nationwide class whereby Wilsonart agreed to re-purchase the countertops; the class claim period spanned over ten years. For more information concerning this settlement go to www.wilsonartssvsettlement.com