Judge Preliminary Approves Home Depot Guardrail Bracket Class Action Settlement

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A Kansas federal judge has granted preliminary approval to a class action settlement against Home Depot USA, Inc. and guardrail maker Barrette Outdoor Living, Inc. over alleged defective guardrail brackets.

The $350,000 class action settlement was approved on Tuesday by U.S. District Judge Daniel D. Crabtree and certified a class with a slightly different definition than the previous class certified in September 2014.

The class is for any Kansas residents or other entities who purchased one or more guardrail products from June 5, 2008 to April 14, 2015, supplied by Barrette Outdoor Living directly from Home Depot “that included the breadloaf style 1291 (white) and/or 1291 (wicker) upper guardrail brackets, including, but not limited to, the following guardrail products: 1. 355602 67.75″ Traditional Vinyl Rail White; 2. 515890 4PC Vinyl Handrail Bracket Kit; and 3. 541400 Williamsburg Prebuilt Handrail.”

Judge Crabtree explains that the “settlement class differs only marginally from the class the court certified earlier. First, it extends the class period to include purchasers who bought brackets up to the date of this order.

“Second, it identifies specifically the three products containing the brackets. Third, it now includes those purchasers who subsequently sold or otherwise relinquished possession of the guardrails or brackets,” the Kansas federal judge explains further.

The $350,000 class action settlement will cover all costs of the settlement including attorneys’ fees. The attorneys fees requested are $125,829 in addition to $35,426 for expenses related to the defective bracket class action lawsuit. That leaves $131,744 for the class.

“Home Depot does not have specific records but stipulates that it sold approximately 10,000 brackets in Kansas over the class period,” Judge Crabtree said about the settlement class.

“Therefore, if every class member who purchased a bracket makes a claim, each would be entitled to approximately $13.17 per bracket they purchased. This amount appears reasonable given that, according to plaintiff, the Bracket sells at retail for about $2.50,” he explained.

This Home Depot class action lawsuit was filed by plaintiff Frederick Nieberding, who alleges that the brackets made by Barrette Outdoor Living and sold at Home Depot stores are “defective because it is not sufficiently robust to withstand its reasonably anticipated use.”

The brackets can be purchased alone or as part of a kit. They are made from PVC, and “connect the horizontal rails at the top and bottom of the vinyl guardrails to the structure on which the railing is installed,” such as a deck or porch.

According to the defective bracket class action lawsuit, Nieberding purchased one of the guardrail kits in 2011 from his local Home Deport store, which he had used to install “it on a second-story deck at his home using the Brackets included with the kit.”

However, Nieberding alleges in his class action lawsuit “that on June 9, 2011, his son Jonathan Nieberding fell into the railing and that one or both of the brackets broke, causing Jonathan to fall two stories and suffer injuries.”

Judge Crabtree explains in his order that “Jonathan Nieberding asserts claims for injuries he suffered in the fall, but he has informed the court that the parties have settled his claims.”

The plaintiffs are represented by John M. Klamann and Andrew J. Schermerhorn of The Klamann Law Firm, Ronald P. Pope of Ralston Pope & Diehl LLC, and Mark P. Schloegel and William Dirk Vandever of The Popham Law Firm.

Barrette is represented by Gary T. Jansen and Nicole D. Milos of Cremer Spina Shaughnessy Jansen & Siegert LLC, and James C. Morrow of Morrow Willnauer Klosterman & Church LLC.

Home Depot is represented by Adam K. Fuemmeler and Lauren E. Tucker McCubbin ofPolsinelli PC, and S. Stewart Haskins, Nicholas G. Hill, Zachary A. McEntyre and Ronni D. Solomon of King & Spalding LLP.

The Home Depot Defective Bracket Class Action Lawsuit is Nieberding v. Barrett Outdoor Living Inc et al., Case No. 2:12-cv-02353, in the U.S. District Court for the District of Kansas.