Lumber lawsuit dismissed

MarkB_MI · Oct 8, 2017

A few months ago, some of the perpetually outraged folks here got their undies in a knot over a lawsuit against Menards regarding the dimensions of 4x4 lumber. Y'all will be disappointed to learn the lawsuit was dismissed.
Lumber lawsuit dismissed

Russ from MN · Oct 8, 2017

What a waste of time for our legal system! I read the article and comments and noticed that no one mentioned that the standard was downsized sometime in the 60's. I started doing carpenter work in 1970 and there were still some 1 5/8x 3 5/8 2x4's.

Dean · Oct 8, 2017

Were it not for contingency fees, unethical if not legal just about anywhere else in the industrialized world, such costly nonsense would not occur.

Dean

steve_in_mo · Oct 8, 2017

I think the change was later than that. I worked as a carpenter in the summers of 1967 and 1968 and the standard was still 1 5/8 x 3 5/8.

jim buford · Oct 8, 2017

If the plantiff had to pay defense costs on frivolous lawsuits if they lost there would be less of this type suit.

rrlund · Oct 8, 2017

We've got a pole barn built in 64 that has the old dimension lumber. I'd have to measure it in the one built in 68.

Goose · Oct 8, 2017

Just this last Thursday, I attended a conference where one presentation was on "Serial Litigators". They're the people who will initiate a frivolous lawsuit, and when it is dismissed they'll sue the judge and defense attorneys. They just keep building on, and multiplying on, the original frivolous lawsuit. They don't even need an attorney, they can just file lawsuits on their own.

If you attempt to defend yourself, you play right into their hands and run up huge attorney's fees in the process. The best thing you can do is ignore them and hope they go away.

I understand in England's system the loser in a lawsuit pays all of the legal bills for both sides. That would work for me.

JD Seller · Oct 8, 2017

We built and addition on a house in 1975-76. The dimensions changed in the middle of us doing this. What a pain. We ended up going to 4 different lumber yards to find enough of the "old" style lumber to finish the addition.

Leroy · Oct 8, 2017

You have just helped me date some sawhorse legs I have here, one set is for the thicker legs, the rest for the 1 1/2" legs. Not sure how many I have without going out to count them. They were designed to be able to also be used to clamp on studs in a building to put a walk plank on. They were made by Toledo Pressed Steel at Toledo, Ohio and my late wifes grandfather was involved in making the tooling to make them. I think I just might have the only ones ever made as I don't think they ever went into production. You will never find a stronger set of saw horses. Grandpa gave them to me before he passed away in the early 80's. Only way there might be any others is if the design team got some to take home. They are strong enough to be easily able to 3 of them support a John Deere G tractor. The boxes were bad when he gave me the saw horses and like a fool I threw away the boxes not realizing the history I was throwing away. He also helped design the press to make the Toledo torches you used to see at all the road closed signs before the battery lights came about. The ones that they had to go out and fill with kerosine every day before they could be lit.

the tractor vet · Oct 8, 2017

I have some old 2x4's in my garage that are 1 3/4 x 3 3/4 . Now as to the time frame when it was built i really can't say , maybe in the twenty's , Now as for THIS OLD HOUSE everything framing wise is rough cut and full diminution , The Red Oak trim is full diminution width wise and 7/8th thick , The old flooring is 7/8ths thick . and if my feeble momorey is correct when my parents built the new home in 59 i am pretty sure the thickness of the lumber was 1 3/4 . also since myself and the one neighbor kid and i layed the sub flooring the 1x12's were 7/8 thick plus they were LONG some were 24 foot long . The carpentor that was doing the job would come in the evenings and we all worked on building it . To keep me and the neighbor kid out of truble he would come up with thing for us to do during the day . . Learned how to cut usen a hand saw as most of the home was built with a hand saw .

Greg1959 · Oct 8, 2017

Leroy- I had forgotten about those Toledo torches. I went to grade school with a kid who face and torso was badly burned by one of those. He picked one up that was lit and threw it. He had spilled Kerosene on himself when he picked it up and set himself on fire.

Dean · Oct 8, 2017

Bingo, Jim.

Dean

db4600 · Oct 8, 2017

Nuts! Now what do I do? I've already got my new 42' shed framed to 31'-6" figuring this would be the new standard!!

Leroy · Oct 8, 2017

I don't think that was a problem with the torch but in the way he handled it. If you play with fire you are bound to get burnt sometime and that sounds like what happened.

Ian Beale · Oct 8, 2017

A friend in Australia learned that "legal costs" aren't necessarily what you'd expect from what it cost you due to the way they're calculated

sammydwm · Oct 8, 2017

(quoted from post at 16:48:15 10/08/17) You have just helped me date some sawhorse legs I have here, one set is for the thicker legs, the rest for the 1 1/2" legs. Not sure how many I have without going out to count them. They were designed to be able to also be used to clamp on studs in a building to put a walk plank on. They were made by Toledo Pressed Steel at Toledo, Ohio and my late wifes grandfather was involved in making the tooling to make them. I think I just might have the only ones ever made as I don't think they ever went into production. You will never find a stronger set of saw horses. Grandpa gave them to me before he passed away in the early 80's. Only way there might be any others is if the design team got some to take home. They are strong enough to be easily able to 3 of them support a John Deere G tractor. The boxes were bad when he gave me the saw horses and like a fool I threw away the boxes not realizing the history I was throwing away. He also helped design the press to make the Toledo torches you used to see at all the road closed signs before the battery lights came about. The ones that they had to go out and fill with kerosine every day before they could be lit.

I have a couple of sets of those sawhorse legs, very tough.
My dad worked there for a couple of years up until they closed. said they still had the dies for those torches right up till the end...

GeneMO · Oct 8, 2017

If that went through, then lots of women could sue their men folk over their definition of what "8" really is!

Gene

Leroy · Oct 9, 2017

Where are you from? I did not know the factory closed. When? Don't get to Toledo any more since no family their or since my wife passed away.

620 John · Oct 9, 2017

My BIL's 100 year old house has the old lumber (actual 2x4) a slightly cheaper size (1-5/8x3-5/8?) and then we put some modern size in.

sammydwm · Oct 10, 2017

Folks are from Elmore which is just outside of Toledo. Dad lost the farm in 85 and moved back to Ohio. Worked at TPS and then some lime plant. Moved back to Wi in 89 to farm again.

Leroy · Oct 10, 2017

Wife's grandfather retired in mid 70's but would go back in to visit many a time after that untill his death in about mid 80's. Think 83 but not sure anymore. He was friends with owners-management of factory. Started working there after one day of high school as school was too far away to go to. You say factory closed, when was that? I never saw the factory and do not know where it was located.

Lumber lawsuit dismissed

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