PHILADELPHIA – A Cleveland man has initiated a proposed class action slawuit against the manufacturer of fiberglass roof shingles alleging its defective design and manufacturing has resulted in water intrusion and damage to his property.
Kim Segebarth, individually and on behalf of others similarly situated, filed a complaint Nov. 21 in the U.S. District Court for the Eastern District of Pennsylvania against CertainTeed Corp. alleging breach of express warranty, breach of implied warranty of merchantability, negligence, unjust enrichment, fraudulent misrepresentation, concealment and failure to disclose, negligent misrepresentation, violation of the Ohio Consumer Sales Practices Act and the Pennsylvania Unfair Trade Practices Consumer Protection Law.
Segebarth alleges that the CertainTeed's Fiberglass Horizon shingles he had installed on his 2008 home were among those in his development affected by granule loss, cracking and premature wearing. He claims CertainTeed denied his warranty claim in September of 2017 but offered him three settlement options that do not meet his estimated more than $7,500 cost of repair/replacement.
Segebarth seeks monetary relief, a trial by jury and all other just relief. He is represented by Charles Schaffer of Levin Sedran & Berman LLP in Philadelphia; Charles LaDuca and Brenden Thompson of Cuneo Gilbert & Laduca LLP in Washington, D.C.; and Michael McShane, Clinton Woods and Ling Kuang of Audet & Partners LLP in San Francisco.
U.S. District Court for the Eastern District of Pennsylvania case number 2:19-CV-05500