Sala v. National Railroad Passenger Corp.

120 F.R.D. 494, 1988 U.S. Dist. LEXIS 3851, 1988 WL 41401
CourtDistrict Court, E.D. Pennsylvania
DecidedApril 29, 1988
DocketCiv. A. No. 88-1572
StatusPublished
Cited by23 cases

This text of 120 F.R.D. 494 (Sala v. National Railroad Passenger Corp.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sala v. National Railroad Passenger Corp., 120 F.R.D. 494, 1988 U.S. Dist. LEXIS 3851, 1988 WL 41401 (E.D. Pa. 1988).

Opinion

MEMORANDUM

RAYMOND J. BRODERICK, District Judge.

Plaintiff Marta A. Sala was a passenger on Amtrak Train No. 66 (“The Night Owl”) on January 29,1988, when it collided with a National Railroad Passenger Corporation (“Amtrak”) maintenance vehicle and derailed in or near Chester, Pennsylvania. On February 25, 1988, plaintiff filed this Complaint against defendant Amtrak alleging negligence and willful misconduct. Plaintiff now seeks class certification pursuant to Fed.R.Civ.P. 23(a) and (b)(3) of a potential class of all passengers who suffered injuries as a result of the derailment of The Night Owl. Of the approximately one hundred and fifty (150) passengers on board the train, an estimated forty (40) to fifty (50) were injured. For the reasons stated below, this Court will grant plaintiffs motion and certify this action as a class action on behalf of all passengers injured as a result of the January 29th derailment of The Night Owl.

I.

In order to proceed as a class action, plaintiff must first meet the four requirements of Fed.R.Civ.P. 23(a) which provides in pertinent part:

Prerequisites to a Class Action. One or more members of a class may sue ... as representatives 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 class, and (4) the representative parties will fairly and adequately protect the interests of the class.

Plaintiff must further establish that the action falls within one of the three categories proscribed by Fed.R.Civ.P. 23(b). In this case, plaintiff seeks certification pursuant to Rule 23(b)(3) which allows a class action to be maintained when:

[T]he court finds that the questions of law or fact common to the members of the class predominate over any question affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy.

It is well established that the burden is on the party seeking to utilize the class action to prove that the particular case satisfies all of the requirements of Rule 23. Davis v. Romney, 490 F.2d 1360, 1366 (3d Cir.1974); Glick v. E.F. Hutton & Co., Inc., 106 F.R.D. 446, 447 (E.D.Pa.1985). As the Supreme Court has emphasized, a class action “may only be certified if the trial court is satisfied, after a rigorous analysis, that the prerequisites of Rule 23(a) have been satisfied.” General Telephone Co. v. Falcon, 457 U.S. 147, 161, 102 S.Ct. 2364, 2372, 72 L.Ed.2d 740 (1982). In determining the certification motion, the court cannot consider the merits of the plaintiffs’ case but, rather, must focus exclusively on whether the requirements of Rule 23 have been met. Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 178, 94 S.Ct. 2140, 2153, 40 L.Ed.2d 732 (1974).

In the past, courts have not looked favorably upon class certification in mass tort cases on the ground that “significant questions, not only of damages, but of liability and defenses of liability would be present, affecting the individuals in different ways [such that class actions] would degenerate in practice into multiple lawsuits separately tried.” Fed.R.Civ.P. 23(b)(3) Advisory Committee’s Note. Professors Wright, Miller and Kane explain the past reluctance of courts to certify classes in mass tort situations:

When personal injury and death claims are involved, a strong feeling prevails that everyone enmeshed in the dispute should have his own day in court and be represented by a lawyer of his choice ... Furthermore, the alleged tortfeasor’s defenses may depend on facts peculiar to each plaintiff, creating a risk that they may be submerged to the overall magni[496]*496tude of the litigation or that individual issues actually may predominate so that a class action would not be economical or expeditious.

7B C. Wright, A. Miller and M. Kane, Federal Practice and Procedure Section 1783, at 71-72 (1986). Of course, such concerns are most pronounced when class certification is sought under Rules 23(b)(1) and 23(b)(2) because of the difficulty of individual plaintiffs opting out of the class under those categories. See, e.g., Vincent v. Hughes Air West, Inc., 557 F.2d 759 (9th Cir.1977); McDonnell Douglas Corp. v. U.S. Dist. Ct. for Cent. Dist. of Calif., 523 F.2d 1083 (9th Cir.), cert. denied, 425 U.S. 911, 96 S.Ct. 1506, 47 L.Ed.2d 761 (1975).

Nevertheless, class certification may not be denied simply because an action can be classified as a “mass tort”. Rather, “[t]he factual and legal issues specific to the particular litigation must be analyzed to determine if certification is proper under Rule 23 and offers a superior method for the fair and efficient adjudication of the controversy ...” McQuilken v. A & R Development Corp., 576 F.Supp. 1023, 1028 (E.D.Pa.1983). Indeed, the determination of class action status, clearly falling within the sound discretion of the district court, demands a careful application of the relevant provisions of the Federal Rules to the specific facts of each case. Gulf Oil Co. v. Bernard, 452 U.S. 89, 100, 101 S.Ct. 2193, 2200, 68 L.Ed.2d 693 (1981).

The Third Circuit, in affirming the district court’s 23(b)(3) certification of a class of asbestos victims, signalled a marked receptivity to the use of class action devices in mass tort litigation:

[Tjhere is a growing acceptance of the notion that some mass accident situations may be good candidates for class action treatment. An airplane crash, for instance, would present the same liability questions for each passenger, although the damages would depend on individual circumstances. Determination of the liability issues in one suit may represent a substantial savings in time and resources. Even if the action thereafter “degenerates” into a series of individual damage suits, the result nevertheless works an improvement over the situation in which the same separate suits require adjudication on liability using the same evidence over and over again____ If economies can be achieved by use of the class device, then its application must be given serious and sympathetic consideration ____ In short, the trend has been for courts to be more receptive to use of the class action in mass tort litigation.

In re School Asbestos Litigation, 789 F.2d 996, 1008-09 (3d Cir.1986). Indeed, courts throughout the nation have certified classes of plaintiffs in a variety of mass tort litigation.

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Bluebook (online)
120 F.R.D. 494, 1988 U.S. Dist. LEXIS 3851, 1988 WL 41401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sala-v-national-railroad-passenger-corp-paed-1988.