Commonwealth of Puerto Rico v. M/V Emily S

158 F.R.D. 9, 30 Fed. R. Serv. 3d 1293, 1995 A.M.C. 1025, 1994 U.S. Dist. LEXIS 14334
CourtDistrict Court, D. Puerto Rico
DecidedOctober 5, 1994
DocketCiv. Nos. 94-1019CCC, 94-1047CCC, 94-1058CCC and 94-1919CCC
StatusPublished
Cited by15 cases

This text of 158 F.R.D. 9 (Commonwealth of Puerto Rico v. M/V Emily S) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth of Puerto Rico v. M/V Emily S, 158 F.R.D. 9, 30 Fed. R. Serv. 3d 1293, 1995 A.M.C. 1025, 1994 U.S. Dist. LEXIS 14334 (prd 1994).

Opinion

ORDER

CEREZO, Chief Judge.

This Order concerns the putative class action that has been filed as a result of the January 7, 1994 oil sphl from the barge MORRIS J. Berman off Punta Escambrón, San Juan, Puerto Rico. Mr. Raúl Horta-González and 31 other named plaintiffs have moved in Civil 94-1047CCC, consolidated with Civil 94-1019CCC, for certification of a class under Federal Rule of Civil Procedure 23(b)(3), in order to pursue their claims for personal injuries, which they assert to be attributable to exposure to the fumes from the bunker # 6 fuel oh that spilled from the barge MORRIS J. BERMAN. The parties having fully briefed the legal issues and presented extensive evidence, this matter is now ripe for decision. For the reasons that follow, the Court hereby DENIES the motion for class certification filed on February 25, 1994 (docket entry 23).

I. Background

In their complaint, the putative class representatives sought certification under Federal Rule of Civil Procedure 23(b)(3) of a class defined as

[A]U persons present in Puerto Rico on January 7, 1994 and thereafter, who have sustained personal injury by intoxication due to the oil spill from the barge MORRIS J. BERMAN near the northern coast [11]*11of Puerto Rico, which oil was spilled into the waters and on the shores of Puerto Rico.

(Complaint, ¶ 6.)

The plaintiffs have alleged injuries such as severe headaches, respiratory ailments and allergies, skin allergies and eruptions, nausea, dizziness, severe throat and nose ailments, severe eye irritation, and other related allergic and/or intoxicating reactions and/or symptoms as well as severe emotional pains, anguish and distress. The putative class representatives asserted that their putative class consisted of “over tens of thousands of persons,” and that the compensatory damages attributable to these injuries were in an aggregate amount of no less than $150,-000,000.00. The plaintiffs later reasserted their request for class certification in a separate motion submitted shortly after their complaint was filed (docket entry 23).

The request for class certification was opposed by plaintiffs in Civil Action No. 94-1019CCC, the Commonwealth of Puerto Rico, on its own behalf and as public trustee and as parens patriae for the citizens of the Commonwealth, the Board on Environmental Quality of the Commonwealth of Puerto Rico, and the Department of Natural Resources of the Commonwealth of Puerto Rico (Commonwealth) (docket entry 76), as well as by defendant MetLife Capital Corporation (Met-life) (docket entry 38).

Cognizant of the admonition in Rule 23(e) that the question of class certification should be determined “[a]s soon as practicable after commencement of an action brought as a class action,” the Court scheduled an eviden-tiary hearing for March 2, 1994, at which time the plaintiffs were to present evidence showing their compliance with the prerequisites of Rule 23.

At the March 2,1994 hearing, the putative class plaintiffs proffered the testimony of Dr. A. López-Deynes, a medical sociologist, certified addictions specialist and sexologist. Although Dr. López-Deynes was prepared to testify concerning the alleged health implications of exposure to vapors from the spill, the Court found him not qualified to testify as an expert in that area. However, plaintiffs were granted a continuance of the hearing to allow them additional time to secure expert assistance. The same was adjourned initially until March 30, 1994 and later reset, again at the request of plaintiffs, for June 1, 1994.

One week prior to the June 1, 1994 hearing, the putative plaintiffs filed their Reply to Metlife’s Opposition to Class Certification (docket entry 72). In this memorandum, the class plaintiffs offered several alternative class definitions, and urged as well that “at this stage of the proceedings plaintiffs request that the instant action be certified solely as to the issue of the fault and/or negligence of the defendants, leaving the issues of damages and causation for separate consideration after the issue of fault and/or negligence is finally determined.” (Reply at p. 3.) On this same date, the putative class plaintiffs filed an amended verified complaint on May 25, 1994 (docket entry 75) in which they reiterated their request for class certification.

At the June 1, 1994 hearing, defendants Bunker Group Puerto Rico, Inc. (Bunker), Pedro Rivera (Rivera), and MetLife all expressed the view that the putative class plaintiffs had modified their original motion for class certification. Although we noted that the putative class plaintiffs’ approach was ambiguous, they were provided during the hearing with the opportunity to present their evidence in support of class certification.

The class action hearing was conducted over two days, concluding on June 2, 1994. During this hearing, the plaintiffs presented the testimony of experts Dr. Juan J. Rigau, Dr. Jesús A. González-Gavillán, and Dr. Braulio D. Jiménez, all of whom the court found to be fully qualified to testify as experts in their identified areas. These experts testified concerning the characteristics of the spilled oil, the manner and degree of dispersion of fumes from the spill, the various forms of exposure persons allegedly suffered, and the nature and extent of the alleged health implications of exposure to fumes from the spill. MetLife presented the testimony of expert Dr. Angel Román-Fran-co in opposition to the class plaintiffs’ evidence.

[12]*12At the conclusion of the class certification hearing, the Court ordered the putative class plaintiffs to submit a memorandum clarifying their position concerning the scope of the issues for which they sought class treatment. The putative class plaintiffs responded on June 9, 1994 with a memorandum (docket entry 88) in which they stated that the “class treatment of the issue of the liability of the defendants should include the adjudication of the issue of fault and/or negligence of the defendants and the causal relationship between their fault and/or negligence and the damages alleged by the plaintiffs.” Thus, the plaintiffs have moved for certification of a class for all purposes other than the calculation of damages. The plaintiffs also stated that the class should be defined as:

All persons presently residing in Puerto Rico, who were present in the northern coast of Puerto Rico between the areas of Loiza and Dorado, during the time period covering from January 7th, 1994, and up to February, 1994, and who allege to have inhaled or to have being [sic] otherwise exposed to the vapors or odors that emanated from the oil spilled from the barge MORRIS J. BERMAN near the northern coast of Puerto Rico, and who claim to have suffered one or more of the following symptoms after inhaling or otherwise being exposed to the aforementioned vapors or odor: headaches, respiratory ailments and allergies, skin allergies and eruptions, drowsiness, nausea, dizziness, vomiting, throat and nose ailments or irritations, and eye irritation.

On June 16, 1994, MetLife filed a supplemental memorandum in opposition to class certification that addressed the putative class plaintiffs’ clarifications (docket entry 88).

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158 F.R.D. 9, 30 Fed. R. Serv. 3d 1293, 1995 A.M.C. 1025, 1994 U.S. Dist. LEXIS 14334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-of-puerto-rico-v-mv-emily-s-prd-1994.