Charles A. Hummer v. Adams Homes of Northwest Florida, Inc. and NU WAY DRYWALL, L.L.C.

Terry D. Dixon (DeLand/Central FL) (Construction Defect) obtained Summary Judgment in the case Charles A. Hummer v. Adams Homes of Northwest Florida, Inc. and NU WAY DRYWALL, L.L.C. Plaintiff filed suit in June 2014 claiming property damage and personal injury he alleges were caused by defective drywall installed in his home built in 2006 by Adams Homes.  Specifically, Plaintiff claimed the defective drywall damaged his home and the fumes emitted from the drywall caused him “serious respiratory problems and chest pain.”  Early on, we obtained dismissal of Plaintiff’s property damage claims on the basis that these claims were time-barred by the Statute of Limitations, as Plaintiff acknowledged awareness of the defective drywall more than 4 years prior to filing suit.  Plaintiff appealed, but the 2nd DCA affirmed the lower court’s dismissal of his property damage allegations.  As to Plaintiff’s remaining personal injury claims, discovery revealed that Plaintiff complained of health issues stemming from the defective drywall as early as 2009 and reported it to Defendant that same year.  Accordingly, we successfully moved for summary judgment as to Plaintiff’s remaining bodily injury claims on the basis that these claims were also time-barred by the applicable four-year Statute of Limitations.