Discovery is underway in the Port Neches-Groves Independent School District’s suit suit against FieldTurf which alleges the turf began degrading and wearing down after only two years of use.
As previously reported, the complaint was filed May 24 in Jefferson County District Court.
Court records show that on Oct. 4 a certificate of discovery was filed in the case showing that FieldTurf was served with the school district’s first sets of requests for admissions, production, interrogatories and disclosure.
In its suit, the school district claims it purchased turf for its football field from defendant FieldTurf after hearing about the purported durability of the product. With the purchase of the turf came an eight-year warranty.
The turf was installed on the field on July 31, 2008. On May 26, 2010, the district discovered that the turf was prematurely degrading, the complaint says.
“Said wear, degradation and failure consists of, but is not limited to, fraying and separation of turf fibers, significant washing away of turf fibers due to rain and wearing and thinning of the turf throughout the playing surface,” the suit states.
Because of the wear, the turf will need to be replaced at a significant cost, the school district claims.
In its suit, the school district blames FieldTurf for the early wear of the surface, saying it used substandard and defective materials when manufacturing its product.
The district says FieldTurf violated the Deceptive Trade Practices Act and committed fraud.
It seeks treble and discretionary damages, plus attorney’s fees, costs and other relief the court deems just.
Lance P. Bradley and Gordon D. Friesz of McPherson, Hughes, Bradley, Wimberley, Steele and Chatelain in Port Arthur are representing the school district.
The case is assigned to Judge Gary Sanderson, 60th District Court.
Case No. B192-496