Joy Maturin and Norris Maturin Individually and on Behalf of Others Similarly Situated v. Bayou Teche Water Works, Inc.

CourtLouisiana Court of Appeal
DecidedDecember 16, 2020
DocketCA-0020-0257
StatusUnknown

This text of Joy Maturin and Norris Maturin Individually and on Behalf of Others Similarly Situated v. Bayou Teche Water Works, Inc. (Joy Maturin and Norris Maturin Individually and on Behalf of Others Similarly Situated v. Bayou Teche Water Works, Inc.) 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
Joy Maturin and Norris Maturin Individually and on Behalf of Others Similarly Situated v. Bayou Teche Water Works, Inc., (La. Ct. App. 2020).

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

20-257

JOY MATURIN AND NORRIS MATURIN

VERSUS

BAYOU TECHE WATER WORKS, INC. ET AL

************ APPEAL FROM THE SIXTEENTH JUDICIAL DISTRICT COURT PARISH OF VERMILION, DOCKET NO. 127719 HONORABLE ANTHONY THIBODEAUX, DISTRICT JUDGE

************ SYLVIA R. COOKS JUDGE ************

Court composed of Ulysses Gene Thibodeaux, Chief Judge and Sylvia R. Cooks, and John D. Saunders, Judges.

REVERSED and REMANDED.

THIBODEAUX, C.J., concurs in the result.

Jacques Soileau P.O. Box 344 Breaux Bridge, LA 70517 (337) 412-2044 COUNSEL FOR PLAINTIFFS/APPELLANTS: Joy Maturin and Norris Maturin

Gordon J. Schoeffler P.O. Box 4829 Lafayette, LA 70502 (337) 234-5505 COUNSEL FOR PLAINTIFFS/APPELLANTS: Joy Maturin and Norris Maturin

Joseph R. Roy, III P.O. Box 4929 Lafayette, LA 70502 COUNSEL FOR PLAINTIFFS/APPELLANTS: Joy Maturin and Norris Maturin Wayne R. Maldonado John C. Henry 3850 North Causeway Blvd., Ste. 1280 Metairie, LA 70002 (504) 836-7554 COUNSEL FOR DEFENDANTS/APPELLEES: Bayou Teche Water Works, Inc. and American Alternative Insurance Company COOKS, Judge. FACTS AND PROCEDURAL HISTORY

Joy Maturin (Joy) and her husband Norris Maturin (Norris) have lived along

Bayou Teche in the rural area near St. Martinville, Louisiana for the last thirty-two

years. Bayou Teche Water Works, Inc. (BTWW) has supplied water to the Maturins

and approximately 9,000 other residents in their service area from St. Martinville to

New Iberia, Louisiana for nearly all of that time. When BTWW was established all

residents within its service district were required by state law to cease using their

own private water wells and to connect to BTWW’s service lines. BTWW is the

sole provider of water for approximately 3,100 businesses and residences in the

service area. Each customer of BTWW is a member of this cooperative, non-profit

corporation, and each member enjoys the right to vote to select its board members

and to attend board meetings.

Joy and Norris allege they and all other customers of BTWW have

experienced water problems with the water supplied by BTWW for many years

including, brown, smelly, discolored water, “corrosive and repulsive” water

containing sediment and unidentifiable particulate matter some of which are

allegedly cancer-causing agents. The Maturins allege the water supplied by BTWW

has “continually and consistently had excessive amounts of chlorination disinfection

byproducts, including TTHM [(total trihalomethanes)] and HAA5 [(haloacetic acids

five)], well in excess of the statutory Maximum Containment Levels (MCLs)” and

that these violations “pose serious health risks, including but not limited to problems

with the liver, kidneys, central nervous system, and cancer.”1 They also allege the

1 Plaintiffs filed a stipulation “which shall have the effect of a judicial admission, confession, and stipulation of fact and law” that states:

[T]he claims they have asserted in the instant suit do not include any claims for personal injury, illness, physical pain and suffering, or medical expenses caused by the water made the subject of this litigation, and/or BTWW’s acts, omissions, or water supplied by BTWW “has fouled household filtration systems and machines

that use the water, for example, washing machines, hot water heaters, etc., and other

household items to the extent that they have to be replaced in minimal periods of

time, well short of their normal useful life.” Additionally, the Maturins allege the

water is not fit for use in cooking or for drinking and that they and the other

customers of BTWW have for years had to purchase bottled water and ice. They

further allege that the long-term use of the water supplied by BTWW has exposed

its customers to the fear of personal injuries and/or serious illness.

Norris has for many years worked for a neighboring water company,

Louisiana Water Company (LAWCO), and is professionally knowledgeable about

water quality. After enduring years of poor water quality, incurring monthly

expenses for clean water to use for drinking and cooking, the Maturins confronted

BTWW about the water problems. Norris offered possible solutions, but BTWW

was not interested in Norris’ suggestions nor his complaints. Being knowledgeable

on how to enlist the State’s assistance with the problem, Norris and Joy formally

requested help from the Public Service Commission. The matter was transferred to

the Louisiana Department of Health and Hospitals (DHH) for investigation. During

the course of this investigation Joy and Norris personally visited some 960 fellow

consumers and obtained their signatures on a petition to have “a new privately owned

water company take over operations and maintenance of the Bayou Teche Water

District and provide potable water for the district.” The nearby competitor,

negligence as complained of in the Petition or any future amendment thereto. Plaintiffs expressly reserve any and all claims for fear of contracting illness/personal injuries as a result of their use and consumption of the subject water, as alleged in their Petition. Any reference to “bodily injury” as alleged in the Petition refers expressly and only to such fear of illness/personal injury as a result of use and consumption of the subject water.

2 LAWCO, and BTWW discussed the prospect of such a takeover but LAWCO

ultimately decided it was too costly because of the changes which would have to be

made for it to become the provider of BTWW’s customers.

DHH’s investigation found that the water being supplied by BTWW was not

in compliance with state health standards. The deficiencies included unacceptable

levels of disinfectant by-products in the water and BTWW was cited for thirteen

violations “which the state health officer [] determined ma[de] the system incapable

of attaining compliance with 40 CFR 141 and 40 CFR 142.16(b).” DHH ordered

BTWW to bring its water quality into compliance with Louisiana’s state health

standards by taking thirty outlined remedial actions within a prescribed time frame.

On April 13, 2016, the present suit was filed by Joy and Norris Maturin

“individually and on behalf of all others similarly situated” against BTWW for

damages resulting from years of poor water quality. On October 23, 2017, DHH

issued its determination that BTWW had complied with the required remedial

actions ordered by the state.

The Maturins filed a Motion to Certify as a Class Action and to appoint Joy

and Norris as representatives of the Class. Several witnesses, including Joy, Norris

and other customers testified at the hearing. Clay Paul Peltier, Jr. (Peltier) testified

that he had to install a “complete house” water filtration system and water softener

at a cost of four thousand dollars because of the brown smelly water. When he was

a customer with LAWCO he had clear water that did not smell bad and he

immediately noticed the difference when he became a customer of BTWW. Peltier

testified he installed the water system because of the discolored smelly water and

because of “health concerns.” He testified that he “lost a neighbor to pancreatic

cancer.” Peltier says he and his wife do not drink the water provided by BTWW and

do not cook with it.

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