At least two builders were “panicking” in late 2006 over the smell coming from drywall they had acquired from Miami-based Banner Supply, according to e-mails and letters, and the builders had isolated the problem to wallboard made by a Chinese manufacturer.
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But in a sworn deposition in May, Banner executive Scott Giering said he wasn’t aware of any problem with the Chinese-made drywall his company sold, other than through media reports. When [Miami attorney Ervin] Gonzalez asked him about if he was aware the drywall smelled bad, Giering said that was up for interpretation.
“Some people happen to like rotten egg smells,” Giering said.
“Smells like flatulence, doesn’t it,” Gonzalez asked, to which Giering replied, “Some people happen to like that.”
This hasn’t gone to the jury yet, so my conclusion is still “up for interpetation,” but I’m ruling in favor of the plaintiffs.