Brooks v. Union Pacific Railroad

13 So. 3d 546, 2009 La. LEXIS 2268, 2009 WL 1425972
CourtSupreme Court of Louisiana
DecidedMay 22, 2009
Docket2008-C-2035
StatusPublished
Cited by46 cases

This text of 13 So. 3d 546 (Brooks v. Union Pacific Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brooks v. Union Pacific Railroad, 13 So. 3d 546, 2009 La. LEXIS 2268, 2009 WL 1425972 (La. 2009).

Opinions

VICTORY, J.

hWe granted a writ application in this class action lawsuit to determine the proper standards for analyzing class certification and whether the court of appeal correctly applied these standards in de-certifying the class in this case. After reviewing the record and the applicable law, we affirm the judgment of the court of appeal but remand the matter for the trial court to consider certifying a class or classes based on the criteria set forth in this opinion.

FACTS AND PROCEDURAL HISTORY

On April 10-11, 1995, a heavy rainstorm in the City of Oakdale resulted in large scale flooding on the east side of the elevated Union Pacific Railroad (“UPRR”) tracks which run north to south through the city. Various property owners filed suit in 1996 against UPRR and the State of Louisiana, through the Department of Transportation (“DOTD”). The plaintiffs amended their petition in 1999 to allege, inter alia, strict liability on the part of UPRR and to allege the prerequisites for a class action. The plaintiffs filed a Second Supplemental and Amended Petition in 2001 to add the City of Oakdale, the Allen Parish Police Jury and their insurers as defendants, alleging liability based on strict liability and negligence. The plaintiffs also dismissed the DOTD as a defendant. In the amended petition, plaintiffs alleged |2that three stormwater drainage structures underneath the railroad tracks were inadequately designed and maintained for their intended purpose.1 In a [549]*549fourth amended petition, the plaintiffs alleged that an area referred to as the “West Fork Caney Creek Basin” (the “Eastern Basin”) was also flooded as a result of the defendants’ negligence, and sought to add this area of residents to the class.2 Plaintiffs sought recovery mainly for property damages, with some personal injuries, alleging that defendants combined fault caused flooding of their properties. This amended petition delineated three geographical areas or basins which plaintiffs allege were flooded by the combined acts of the defendants: the Northern or Stream “J” Drainage Basin; the West Fork Caney Creek Drainage Basin [the “Eastern Basin”]; and the Southern Drainage Basin. The petition also identified three sub-basins within the Southern Basin.3 In addition to alleging that UPRR failed to design and maintain two stormwa-ter drainage structures under the tracks in the Northern and Southern Basins, the plaintiffs alleged that the City of Oakdale negligently designed and maintained various stormwater drainage facilities, including the “West Fork Caney Creek,” (‘WFCC”) which was the primary drainage canal in the Eastern Basin, and 1 ^Stream “J,” and that outside the city limits, the Parish similarly negligently designed and maintained West Fork Caney Creek and Stream “A.” Plaintiffs have also alleged strict liability on the part of all defendants. Based on plaintiffs’ counsel’s survey of potential plaintiffs, approximately 1,600 individuals were adversely affected by the flooding.

A three-day certification hearing was held before Judge Robert Brinkman, sitting ad hoc following the recusals of several local judges. During the hearing, plaintiffs presented the live testimony of several class representatives, Dr. Donald Barbe, an expert hydrologist, and other witnesses. The defendants presented the live testimony of two experts, Dr. Lee Lancon and Dr. Gary Lewis. The evidence established that UPRR’s tracks acted as a levee during the flood, obstructing drainage from east to west. Plaintiffs’ witnesses testified that the two drainage structures under the tracks, one in the north and one in the south, were undersized and improperly maintained, and that the drainage ditches leading to the structures were filled with trees, bushes, railroad ties and trash. The stream leading into the northern drainage structure was referred to as “Stream J” and it flowed from east to west from WFCC into UPRR’s northern drain. The plaintiffs’ witnesses testified that the City failed to properly maintain Stream J. In the Southern Basin, Stream A was a drainage ditch maintained by the Parish which flowed east to west into UPRR’s southern drainage structure and the plaintiffs presented testimony that the Parish failed to properly maintain Stream A. WFCC was the major drainage canal located on the east[550]*550ern perimeter of the Northern and Southern drainage basins and it ran from north to south. The plaintiffs’ witnesses testified that the City and Parish failed to properly maintain WFCC.

Dr. Vijay Singh, plaintiffs’ former expert, testified by way of deposition. Dr. Singh used two computer models to study the flooding in the Northern and Southern [¿basins:4 (1) the Hydrologic Engineering Center-Hydrologic Modeling System (HEC-HMS), which is a software program package that simulated the rainfall and runoff processes in the drainage systems in each sub-basin; and (2) the Hydrologic Engineering Center-River Analysis System (HEC-RAS), which used the computed flows from the HEC-HMS to estimate the peak flood elevations at selected locations in a basin or sub-basin. His report concluded that the predominate cause of flooding in the Southern Basin was the UPRR culvert across Stream A and the predominate cause of flooding in the Northern Basin was the UPRR culvert across Stream J. Further, he reported that the flooding was also caused by the breach of the WFCC and its diversion into Stream J. He testified in his deposition that the level of flooding probably was the same in each sub-basin, but that localized differ-enees within each sub-basin, such as elevations, ditches and obstructions around properties, could result in different levels of flooding. He testified that the diversion of WFCC into Stream J would have impacted the area in the immediate vicinity of Stream J more than other areas in the Northern Basin.

Dr. Barbe adopted Dr. Singh’s report and testified to the following: the predominant cause of flooding in the Southern Basin was the insufficient size of UPRR’s drainage facility under its railroad tracks at Stream A and that this also caused water from the Southern Basin to flow into the Northern Basin; the predominant cause of flooding in the Northern Basin was UPRR’s drainage structure at Stream J and that this also caused water to back up and flow into the Southern and Eastern Basins; (3) the predominant cause of flooding in the Eastern Basin was the improper maintenance of WFCC.5 He also testified that the defendants’ combined 1 Rfault impacted all of the properties in the three basins. He testified that “you can’t just look at the flooding here [in one basin] by only looking at this basin ... [y]ou need to include the entire area to look at [551]*551the causes of flooding in the eastern basin.” On cross-examination, Dr. Barbe testified as follows:

Q. Okay. Now, isn’t it going to take a dynamic model in order to determine the affect of all these different households, won’t it take a dynamic model for each one of them to determine for example how the ones on 81 are affected as compared to the ones at 126?
A. Well, first off, I think the ones up there are not in the basin.
Q. Okay. Well, let’s just take this one up here, 218, that is in this basin [northern part of Eastern basin] and compare it with 126 down here [in the Southern basin], won’t you need a dynamic model for each one of them to determine how these various factors you’ve talked about affects each individual household?

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Cite This Page — Counsel Stack

Bluebook (online)
13 So. 3d 546, 2009 La. LEXIS 2268, 2009 WL 1425972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-union-pacific-railroad-la-2009.