Brooks v. UNION PACIFIC RR CO.

985 So. 2d 864, 2008 WL 2261724
CourtLouisiana Court of Appeal
DecidedJune 4, 2008
Docket2007-1427
StatusPublished
Cited by3 cases

This text of 985 So. 2d 864 (Brooks v. UNION PACIFIC RR CO.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal 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 RR CO., 985 So. 2d 864, 2008 WL 2261724 (La. Ct. App. 2008).

Opinion

985 So.2d 864 (2008)

Faith BROOKS, et al.
v.
UNION PACIFIC RAILROAD COMPANY, et al.

No. 2007-1427.

Court of Appeal of Louisiana, Third Circuit.

June 4, 2008.
Rehearing Denied July 16, 2008.

Kenneth Alan Goodwin, Attorney at Law, New Orleans, LA, L.J. Hymel, Michael Reese Davis, Tim P. Hartdegen, Hymel Davis & Petersen, L.L.C., Baton Rouge, LA, for Plaintiffs/Appellees, Mary Gordon, Faith Brooks and Paula Karam.

David A. Fraser, Fraser, Morris & Wheeler, L.L.P., Lake Charles, LA, for Secondary Defendant/Appellant, Union Pacific Railroad Company.

James L. Pate, Ben Mayeaux, Laborde & Neuner, Lafayette, LA, for Secondary Defendants/Appellants, Allen Parish Police Jury and Titan Indemnity Company.

*865 Randall B. Keiser, Keiser Law Firm, P.L.C., Alexandria, LA, for Defendant/Appellant, City of Oakdale.

Court composed of SYLVIA R. COOKS, JOHN D. SAUNDERS, OSWALD A. DECUIR, MARC T. AMY, and MICHAEL G. SULLIVAN, Judges.

DECUIR, Judge.

In April 1995, a terrible rainstorm came upon the City of Oakdale and the outlying areas. Reports were that anywhere from ten to seventeen inches of rain fell in a twenty-four hour period. As a result, the area experienced massive flooding.

In April 1996, three purported class representatives filed a "Class Action Petition for Damages" against Union Pacific Railroad Company, Missouri Pacific Railroad Company, the State of Louisiana, the City of Oakdale, and Allen Parish. The State was subsequently dropped as a defendant.

The plaintiffs allege in the broadest sense that inadequate box culverts installed and maintained by the railroads, combined with inadequate drainage facilities designed and maintained by the City and Parish, caused the plaintiffs' property to flood. The plaintiffs' experts have opined that the actions of the defendants combined to cause varying levels of flooding in three affected drainage basins in the area.

A hearing was held on the class certification, and the trial court certified the class. The defendants, Union Pacific, the City of Oakdale, and Allen Parish, filed this suspensive appeal.

ASSIGNMENTS OF ERROR

The defendants assign the following errors by the trial court in certifying this lawsuit as a class action:

1) The trial court erred in finding that the commonality requirement has been satisfied.
2) The trial court erred in finding that the typicality requirement has been satisfied.
3) The trial court erred in finding that the representative parties will fairly and adequately protect the interests of the class.
4) The trial court erred in finding that the class can be objectively defined.
5) The trial court erred in finding that common questions of law and fact predominate.
6) The trial court erred in allowing evidence outside the scope of the pleadings despite timely objection; and
7) The trial court erred in its choice of statutory law to be applied to the railroad.

STANDARD OF REVIEW

Our brethren on the fifth circuit succinctly stated the standard of review for class action certifications as follows:

The standard of review for class action certifications is bifurcated. The factual findings are reviewed under the manifest error/clearly wrong standard, but the trial court's judgment on whether or not to certify the class is reviewed by the abuse of discretion standard. Etter v. Hibernia Corporation, 06-646 (La. App. 4 Cir. 2/14/07), 952 So.2d 782; Boudreaux v. State, Dep't of Transp. and Dev., 96-0137 (La.App. 1 Cir. 2/14/97), 690 So.2d 114, 119. A trial court has wide discretion in deciding whether or not to certify a class. Daniels v. Witco Corp., [03-1478 (La.App. 5 Cir. 6/1/04), 877 So.2d 1011, 1014, writs denied, 04-2283, 04-2287 (La.11/19/04), 888 So.2d 204, 205]; Eastin v. Entergy, 97-1094 (La.App. 5 Cir. 4/15/98), 710 So.2d 835, 838. Any errors to be made in deciding *866 class action issues should be in favor of and not against maintenance of the class action, because a class certification order is subject to modification if later developments during the course of the trial so require. Johnson v. E.I. Dupont de-Nemours and Co., Inc., 98-229 (La.App. 5 Cir. 10/14/98), 721 So.2d 41; McCastle v. Rollins Environmental Services of Louisiana, Inc., 456 So.2d 612, 620 (La. 1984).
When reviewing the trial court's ruling regarding class certification, we do not consider whether plaintiffs' claims state a cause of action or have substantive merit, or whether plaintiffs will ultimately prevail on the merits. Schexnayder v. Entergy Louisiana, Inc., 04-636 (La.App. 5 Cir. 3/29/05), 899 So.2d 107, 113, writ denied, 05-1255 (La.12/9/05), 916 So.2d 1058. Rather, our task is to examine plaintiffs' legal claims and to determine only whether a class action is the appropriate procedural device in light of established Louisiana criteria. Id.

Oubre v. La. Citizens Fair Plan, 07-66, pp. 6-7 (La.App. 5 Cir. 5/29/07), 961 So.2d 504, 508-09, writ denied, 07-1329 (La.9/28/07), 964 So.2d 363.

COMMONALITY

The commonality requirement in La. Code Civ.P. art. 591(A) and the requirements of La.Code Civ.P. art. 591(B)(3) that common questions of law or fact predominate are closely related. Accordingly, we will address them together. Defendants contend that the trial court erred in finding that there are questions of law or fact common to the class and that, if common questions are found, they do not predominate over questions affecting individual members. Defendants argue that Ford v. Murphy Oil U.S.A., Inc., 96-2913 (La.9/9/97), 703 So.2d 542, is the controlling jurisprudence with regard to certification of mass tort actions in Louisiana. In Ford, plaintiffs brought suit against four petrochemical plants claiming physical and property damage as a result of the emissions from the four petrochemical facilities. The court found that because there were four different defendants, each class member would have to offer different facts to establish that certain defendants' actions, either individually or in combination, caused them specific damages.

The court concluded that only mass torts "arising from a common cause or disaster" are appropriate for class certification. Id. at 550. The court reasoned that in situations involving multiple defendants and multiple causes of injury, the individualized issues of causation and damages overwhelm any common issues, thus failing the predominance requirement. Id. at 549-50.

In this case, just as in Ford, multiple defendants are alleged to have contributed, individually or in combination, to the flooding of the City of Oakdale. Despite plaintiffs' arguments to the contrary, the causes of the claimed injuries to person or property vary from class member to class member. The plaintiffs allege that the railroads installed inadequate box culverts and that they failed to maintain them appropriately thereby causing the plaintiffs to sustain damage when their homes flooded. On the other hand, the plaintiffs contend that the City and Parish designed and maintained an inadequate overall drainage system that caused the plaintiffs' damages. Moreover, the plaintiffs' homes are located in three distinct drainage basins and received varying degrees of damage depending on their individual elevations and surrounding circumstances.

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Related

Billieson v. City of New Orleans
26 So. 3d 796 (Louisiana Court of Appeal, 2009)
Brooks v. Union Pacific Railroad
13 So. 3d 546 (Supreme Court of Louisiana, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
985 So. 2d 864, 2008 WL 2261724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-union-pacific-rr-co-lactapp-2008.