Watson Burns, PLLC, Tousley Brain Stephens, PLLC, Farris Bobango, PLC and S.D. Matthews & Associates Announce that owners of Werner Steel "Easy Access Attic Ladders" may be eligible for benefits from a class action settlement
SEATTLE, Aug. 14, 2013 /PRNewswire/ -- The following statement is being issued by Watson Burns, PLLC, Tousley Brain Stephens, PLLC, Farris Bobango, PLC and S.D. Matthews & Associates:
A settlement has been proposed in a class action lawsuit against Werner Co., New Werner Holding Co., Inc., Lowe's HIW Inc. and Lowe's Home Centers, Inc. (the "Defendants") concerning certain steel attic ladders. The definitions of various terms used in this Notice can be found in the Settlement Agreement, available at www.atticladdersettlement.com.
You may qualify if you are a person or entity in the United States who currently owns a Werner Model S2208 or S2210 steel attic ladder designated as Marks 1, 2, 3 or 4 (an attic ladder manufactured from September 2003 to September 2005 containing one or more cast zinc hinges) ("Class Member").
The Action concerns allegations that Werner Co. made a Steel "Easy Access Attic Ladder" in Model Numbers S2208 and S2210, Marks 1, 2, 3 or 4 (the "Ladders") that contained defective zinc hinges. The Defendants deny these allegations. Both sides have agreed to settle this Action to avoid the expense and risk of trial.
The current Werner Co. did not and does not manufacture the steel attic ladders, but it manufactures comparable wood and aluminum attic ladders which do not have the zinc hinges. Werner has agreed to provide all Class Members with a new Werner attic ladder to replace the Ladders. Class Counsel will also apply to the Court for an award of attorneys' fees and costs in an amount not to exceed $4,075,000. Class Counsel will also apply to the Court for an incentive award to be paid to the lead Plaintiff, Lloyd Clemans, of $1,000.
To be eligible to receive a new ladder from the Settlement, you must be a Class Member and mail a valid Claim Form postmarked on or before January 21, 2014. Visit www.atticladdersettlement.com for a Claim Form.
If you do not want to be legally bound by the Settlement, you must exclude yourself by October 25, 2013, or you won't be able to sue or continue to sue over the legal claims in the Action. If you exclude yourself, you will not receive a replacement ladder. If you do not exclude yourself, you may object to the Settlement by October 25, 2013. The detailed Notice, available at www.atticladdersettlement.com, explains how to file a claim, object, ask to appear and speak, or request exclusion. If you have any questions about this Notice, you may also call the Settlement Administrator at 1-855-291-2124 or send an email to [email protected].
The Court will hold a Final Approval Hearing in this Action, Clemans v. New Werner Co, et al., No. 3:12-cv-05186-RBL, on November 22, 2013 at 1:30 p.m. in the courtroom of Judge Robert B. Leighton to consider whether the proposed settlement is fair, reasonable, and adequate, and should be finally approved. The Final Approval Hearing may be continued or postponed to a later date without further notice to Class Members.
SOURCE Watson Burns, PLLC
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