ILNews

Indiana RV makers being sued over hurricane-issued trailers

Michael W. Hoskins
January 1, 2007
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More than a dozen RV manufacturers that supplied the Federal Emergency Management Agency with trailers following Hurricane Katrina are being sued in federal court in Louisiana, including a handful based in Indiana.

A suit filed this week in the Eastern District of Louisiana in New Orleans accuses the manufacturers of using inferior construction materials in a profit-driven rush to build the trailers for the federal government. The 63-page filing includes nearly 50 pages of more than 500 plaintiffs who've lived in the trailers and are suing the companies. The lead plaintiff is Jerome Culler, who is suing individually and on behalf of his wife, Joan, who lives in one of the trailers at issue.

Hoosier-based defendants include Coachmen Industries in Elkhart, Gulf Stream Coach in Nappanee, Starcraft RV in Topeka, Ind., Jayco Enterprises and Pilgrim International in Middlebury, Recreation by Design LLC and Skyline Corp. in Elkhart, Keystone Industries in Indianapolis, and Ohio-based Thor Industries that owns several Indiana trailer manufacturers.

Texas attorney Anthony Buzbee is representing the plaintiffs. He could not be immediately reached by Indiana Lawyer for comment.

Only 14,000 trailers were available when the federal government contracted to buy more than 100,000 units of temporary housing after hurricanes Katrina and Rita in 2005, according to the lawsuit. To meet that demand, manufacturers set up assembly lines and produced trailers in as little as 10 minutes without the usual quality control, the suit says.

FEMA isn't named as a defendant in this suit but has agreed to have the air quality tested in some of the trailers. Formaldehyde, a common preservative and embalming fluid, sometimes is found in building materials that are used in manufactured homes. The chemical can cause respiratory problems and possibly cancer in high doses or with prolonged exposure.

The suit alleges negligence and recklessness, breach of implied warranties, and various violations of state and common liability laws.

The hurricane survivors are seeking monetary damages, though the suit doesn't specify an amount. The lawsuit also asks for an order requiring the companies to remove from the trailers all material containing formaldehyde, to modify the trailers for adequate ventilation and other remedies.
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  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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