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Avola v. Louisiana-Pacific Corp.

81 UCC Rep. Serv. 2d 509 (2013)

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Avola v. Louisiana-Pacific Corp.

United States District Court for the Eastern District of New York
81 UCC Rep. Serv. 2d 509 (2013)

  • Written by Sharon Feldman, JD

Facts

Anthony Avola (plaintiff) was an experienced carpenter. Home Depot USA, Inc. (Home Depot) (defendant) sold LP SmartSide, a type of composite-wood siding product manufactured by Louisiana-Pacific Corp. (LP) (defendant). LP’s website stated that SmartSide products “work[ed] and cut just like traditional wood, taking nails and screws with ease.” Avola went to Home Depot to buy siding for a shed. Avola purchased T1-11 siding, a type of wood siding he had used before. Avola was about to leave when a sales associate suggested Avola try SmartSide, stating that it “nails just like wood,” “works as easy as traditional wood siding,” and could be installed the same way as the T1-11 siding. Avola had not heard about SmartSide and had not seen the advertisement on the LP website. Avola purchased SmartSide. When Avola began nailing in the panels, the nails would not stay in place, and Avola had to hammer them more than once. Avola had hammered in about 100 nails when a nail that he was hammering ricocheted into his eye. Avola sued LP and Home Depot for breach of express warranty and false advertising. LP and Home Depot moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Chen, J.)

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