Rapp v. Iberia Parish School Bd.

926 So. 2d 30, 2006 WL 473929
CourtLouisiana Court of Appeal
DecidedMarch 1, 2006
DocketCA 05-833
StatusPublished
Cited by10 cases

This text of 926 So. 2d 30 (Rapp v. Iberia Parish School Bd.) 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
Rapp v. Iberia Parish School Bd., 926 So. 2d 30, 2006 WL 473929 (La. Ct. App. 2006).

Opinion

926 So.2d 30 (2006)

Annie R.H. RAPP, et al.
v.
IBERIA PARISH SCHOOL BOARD, et al.

Nos. CA 05-833.

Court of Appeal of Louisiana, Third Circuit.

March 1, 2006.
Rehearing Denied May 3, 2006.

*32 David Robert Kelly, Breazeale, Sachse, & Wilson, Baton Rouge, LA, for Defendant/Appellant, Honeywell International, Inc.

Walter Clayton Dumas, Dumas & Associates Law Corporation, Baton Rouge, LA, for Plaintiffs/Appellees, Kelly Charpentier, Fred Charpentier, Harold Alexander, Jr.

David W. Groner, Attorney at Law, New Iberia, LA, for Plaintiffs/Appellees, Jeanine Collins, Nicole Collins, James Neil Collins, Claire Collins.

Gary Mark Zwain, Duplass, Zwain & Buirgeios, Metairie, LA, for Defendant/Appellant, Crown Roofing Services, Inc.

David Perry Salley Salley, Hite, Rivera & Mercer, Baton Rouge, LA, for Defendant/Appellant, Iberia Parish School Board.

P. Charles Calahan, Attorney at Law, Iberia, LA, for Plaintiffs/Appellees, B.H. Calahan, Annie R.H. Rapp.

Chet Girard Boudreaux, McKernan Law Firm, Baton Rouge, LA, for Plaintiffs/Appellees, James Neil Collins, Claire Collins, B.H. Calahan, Nicole Collins, Jeanine Collins, Harold Alexander, Jr., Annie R.H. Rapp, Fred Charpentier, Kelly Charpentier.

Court composed of JOHN D. SAUNDERS, MICHAEL G. SULLIVAN, and J. DAVID PAINTER, Judges.

SAUNDERS, Judge.

This class action arises from injuries allegedly sustained when the claimants were exposed to chemical fumes at New Iberia Senior High School (hereinafter referred to as "NISH"). Plaintiffs claim that fumes from certain chemicals used during a roofing project entered the school complex and caused injuries. Three suits, all styled as class actions, were filed shortly after the incident and were subsequently consolidated. A master class petition was filed and, following a hearing, the trial court certified the class. Defendants timely appealed the judgment of certification. We affirm.

*33 FACTS AND PROCEDURAL HISTORY

In September 2003, Crown Roofing Services (hereinafter referred to as "Crown") performed work on the roof of certain buildings at NISH. Crown used the Honeywell, Inc. product Armor-Flex during this process. Armor-Flex contains vinyl acetate terpolymer, lignin surfactant, ethylene glycol phenyl ether, sodium metaborate, and other chemicals. While the product was in use, fumes from these chemicals drifted into classrooms, hallways, and other areas in the affected buildings. At the request of the Iberia Parish School Board, Crown ceased roofing activities until the school closed for Christmas break.

Shortly after Crown ceased their activities, three separate suits were filed, each styled as a class action proceeding. The three suits were consolidated and a Master Class Petition for Damages was filed on June 17, 2004, seeking to certify a class of:

[a]ny and all persons who attended, visited and/or were present at the NISH complex on or about September, October and/or November of 2003 and who suffered indirect or consequential injury as a result of exposure to, the product of Armor-Flex.

A hearing on class certification was held on October 22, 2004. The parties then submitted post-hearing briefs and a judgment certifying the class was issued on December 17, 2004. Defendants appeal that judgment.

ASSIGNMENTS OF ERROR

1) The trial court erred in certifying this matter as a class action.
A) The trial court erred in finding that the numerosity requirement has been satisfied. This error includes but is not limited to the trial court's failure to consider any evidence relating to exposure, levels of exposure and resulting injuries/damages.
B) The trial court erred in finding that the commonality requirement has been satisfied.
C) The trial court erred in finding that the typicality requirement has been satisfied.
D) The trial court erred in finding that the representative parties will fairly and adequately protect the interests of the class.
E) The trial court erred in finding that the class can be objectively defined.
F) The trial court erred in finding that common questions of law and fact predominate.
G) The trial court erred in finding that the class action procedure is superior to other procedural options for resolving the plaintiffs' claim.

STANDARD OF REVIEW

When reviewing the certification of a class, the particular facts and circumstances of each case must be analyzed. Martello v. City of Ferriday, 01-1240 (La. App. 3 Cir. 3/6/02), 813 So.2d 467, writs denied, 02-1002, 02-990, 02-1514 (La.6/7/02), 818 So.2d 769, 770, 771. Trial courts, however, have broad discretion in deciding whether a class should be certified. Id. Trial courts also have the discretion to amend or reverse certification determinations at any time. La.Code Civ.P. art. 592(A)(3)(c). Appellate courts may not disturb a trial court's ruling on certification unless it is manifestly erroneous. Martello, 813 So.2d 467. Additionally, courts should err in favor of the maintenance of class actions. McCastle v. Rollins Envtl. Servs. of La., Inc., 456 So.2d 612 (La.1984). Furthermore, whether plaintiffs have stated a cause of action or *34 the probability of their success on the merits, should not concern the court. West v. G & H Seed Co., et al., 01-1453 (La.App. 3 Cir. 8/28/02), 832 So.2d 274.

ASSIGNMENT OF ERROR NUMBER 1A

In order for a class action to be maintained, plaintiffs must show that:

A. One or more members of a class may sue or be sued as representative parties on behalf of all, only if:
(1) The class is so numerous that joinder of all members is impracticable.
(2) There are questions of law or fact common to the class.
(3) The claims or defenses of the representative parties are typical of the claims or defenses of the class.
(4) The representative parties will fairly and adequately protect the interests of the class.
(5) The class is or may be defined objectively in terms of ascertainable criteria, such that the court may determine the constituency of the class for purposes of the conclusiveness of any judgment that may be rendered in the case.
B. An action may be maintained as a class action only if all of the prerequisites of Paragraph A of this Article are satisfied, and in addition:
(1) The prosecution of separate actions by or against individual members of the class would create a risk of:
(a) Inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class, or
(b) Adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or
(2) The party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or

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Bluebook (online)
926 So. 2d 30, 2006 WL 473929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rapp-v-iberia-parish-school-bd-lactapp-2006.