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HERR v. CAROLINA LOG BLDGS., INC.

Nos. EV 85-262-C to EV 85-268-C.

771 F.Supp. 958 (1989)

Rick HERR, individually and as natural father of Allen Herr, et al., Plaintiffs, v. CAROLINA LOG BUILDINGS, INC., et al., Defendants. James Wayne SCOTT, et al., Plaintiffs, v. CAROLINA LOG BUILDINGS, INC., et al., Defendants. Jack HART, individually and as natural father of Jewelee Hart, et al., Plaintiffs, v. CAROLINA LOG BUILDINGS, INC., et al., Defendants. Lee BARTLEY, et al., Plaintiffs, v. CAROLINA LOG BUILDINGS, INC., et al., Defendants. Detrick BICE, individually and as Natural Father of Deann Bice, et al., Plaintiffs, v. CAROLINA LOG BUILDINGS, INC., et al., Defendants. Michael LOEHR, individually and as natural father of Michael Ruel Loehr, et al., Plaintiffs, v. CAROLINA LOG BUILDINGS, INC., et al., Defendants. Steven CLUTTER, individually and as natural father of Seth Clutter, et al., Plaintiffs, v. CAROLINA LOG BUILDINGS, INC., et al., Defendants.

United States District Court, S.D. Indiana, Evansville Division.

September 22, 1989.

Attorney(s) appearing for the Case

Michael D. Schwartz, Farrell & Schwartz, Minnetonka Corporate Center, Minnetonka, Minn., and Tyrone P. Bujold, James P. Coy, Susan Richard Nelson, Barbara Colombo Nerness, Robins Kaplan Miller & Ciresi, Minneapolis, Minn., for plaintiffs.

Thomas H. Bryan, Fine & Hatfield, Evansville, Ind., and Robert Mark Field, Robert A. McLean, McDonnell Boyd Smith & Solmson, Memphis, Tenn., for Chapman Chemical.

John G. Crutchfield, Ewen MacKenzie & Peden, P.S.C., Louisville, Ky., and Gerald Allega, Clark Statham McCray Thomas & Krohn, Evansville, Ind., for Vulcan Materials Co.

MEMORANDUM

BROOKS, Chief Judge.

The plaintiffs in these actions purchased log cabin kits. The building materials in the kits had been treated with pentachlorophenol (hereafter "penta"). Plaintiffs allege that as a result of the use of penta in interior surfaces, they sustained physical injuries and their homes became unfit for habitation. Their amended complaints are in three counts.

In Count I, the plaintiffs contend that the chemicals, wood preservative...

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