An order of dismissal has been entered in Port Neches-Groves Independent School District’s suit against FieldTurf, which alleged the turf began degrading and wearing down after only two years of use.
As previously reported, the complaint was filed May 24, 2012, in Jefferson County District Court.
Court records show that on Feb. 25 a final take-nothing judgment and order of dismissal with prejudice was entered in the case.
The order states that the parties had filed an agreed motion for dismissal.
In its suit, the school district claimed 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 needed to be replaced at a significant cost, the school district claimed.
The school district blamed FieldTurf for the early wear of the surface, saying it used substandard and defective materials when manufacturing its product.
The district said FieldTurf violated the Deceptive Trade Practices Act and committed fraud.
It was seeking 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 represented the school district.
The case was assigned to Judge Gary Sanderson, 60th District Court.
Case No. B192-496