Law.Com
​July 05, 2024
by Colleen Murphy

A New Jersey federal magistrate judge has preliminarily approved a class action settlement in multidistrict litigation over allegedly defective synthetic field turf which included plaintiffs in the Garden State, California, Florida, New York and Pennsylvania.

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Alexa Jurado
Wed, December 13, 2023 at 5:30 AM EST

​A Midland school district is suing two companies after it paid a premium rate for a product that the district says failed to keep athletic fields cool as promised.

Richland 2 contracted with Geosurfaces Southeast, a sports surfacing company, in February 2020 and gave it over $3.7 million for synthetic turf installation at four high schools: Blythewood, Spring Valley, Westwood and Richland Northeast.

A lawsuit filed Oct. 4 accuses the company, along with synthetic turf brand TCoolPT, of fraud, negligence and breach of contract.

Geosurfaces promised the school district “good and workmanlike” construction services, supplies and products for the project, including an infill material called TCool, for which Richland 2 paid a “premium price” — hundreds of thousands of dollars, according to the lawsuit.

The company promised the school district that using TCool would keep the athletic fields 35 to 50 degrees cooler than standard infill products. It also promised that TCool would save Richland 2 additional costs, because the school district would not need to install irrigation systems.

This wasn’t the case, according to the lawsuit.

Instead, the school district found that the synthetic turf fields installed at the four high schools become ”extremely hot.” The lawsuit alleges that the TCool infill product was a “complete failure.”

The school district said it obtained independent testing of the infill product, and determined it was no different than regular infill used at other locations. It either didn’t work, or was never installed.

“None of these conclusions (are) acceptable,” the lawsuit reads.

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By  Jackie Roman | NJ Advance Media for NJ.com
In 2016, the borough of Carteret filed a lawsuit against a top U.S. maker of artificial turf for knowingly selling a defective product. A a New Jersey federal judge has now ruled that the case could become a class action suit involving several other municipalities and school districts throughout New Jersey, as well as New York, Pennsylvania and California.
In his July ruling, U.S. district judge Michael A. Shipp allowed 16 plaintiffs to move forward with a class action suit against FieldTurf USA, the synthetic turf division of Tarkett, on the grounds of defect and deception, finding “by a preponderance of the evidence that plaintiffs ‘present a pair of issues that can most efficiently be determined on a class-wide basis’.”

Shipp wrote the court found class-wide evidence “FieldTurf concealed the defects impacting durability when marketing and selling to plaintiffs” with “discovery produced thus far indicating that FieldTurf was aware of issues with the Duraspine turf and did not disclose those issues to purchasers.”

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