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Document Generated from the Louisiana Court of Appeal, Fourth NOT DESIGNATED FOR PUBLICATION CHICAGO PROPERTY * NO. 2011-CA-0788 INTERESTS, LLC AND ZOE ALDIGE', INDIVIDUALLY * AND ON BEHALF OF THOSE COURT OF APPEAL SIMILARLY SITUATED * FOURTH CIRCUIT VERSUS * STATE OF LOUISIANA AARON BROUSSARD AND * * * * * * * JEFFERSON PARISH CONSOLIDATED WITH: CONSOLIDATED WITH: DARLENE JACOB LEVY NO. 2011-CA-0789 VERSUS THE PARISH OF JEFFERSON CONSOLIDATED WITH: CONSOLIDATED WITH: LLOYD LOGA, VINCA NO. 2011-CA-0790 DELESDERNIER, MICHAEL & MARY DELESDERNIER, DAVID MAIN, DOUGLASS & PAULETTE GRUBBS, KEVIN GRUBBS, JASON GRUBBS, JOSEPH & MICHELLE MAYFIELD, DENNIS & DEBRA GEE, VAL & ELIZABETH REINHARDT, MITCH & MELISSA CHILAN, DWIGHT & GAY RAMSEY, KATHLEEN PENDER, MICHAEL & LISA MORGANI, RALPH & AUDRY SCHINDLER AND TOMMY & LYN FOTO VERSUS JEFFERSON PARISH, AARON BROUSSARD, INDIVIDUALLY AND AS PRESIDENT OF JEFFERSON PARISH, A CONSULTING CO., B CONSULTING CO., C. ENGINEERING CO. & D CONSTRUCTION CO. CONSOLIDATED WITH: CONSOLIDATED WITH: ROB SCHMIDT NO. 2011-CA-0791 VERSUS THE PARISH OF JEFFERSON AND AARON BROUSSARD IN HIS CAPACITY AS ITS PRESIDENT CONSOLIDATED WITH: CONSOLIDATED WITH: BRIDGETTE D. KACZMAREK NO. 2011-CA-0792 WIFE OF & GERALD M. KACZMAREK, PAIGE H. WINSTEAD, WIFE OF & SCHOTT B. WINSTEAD, SHELLY CENTANNI, WIFE OF & NICHOLAS CENTANNI, BETTINA DIAZ, WIFE OF & MICHAEL DIAZ, NY DANG THANH, WIFE OF & MINH THANH VU, INDIVIDUALLY & ON BEHALF OF THOSE SIMILARLY SITUATED VERSUS AARON BROSSARD, IN HIS CAPACITY AS PRESIDENT OF/AND JEFFERSON PARISH CONSOLIDATED WITH: CONSOLIDATED WITH: DENISE CASON, WIFE OF & NO. 2011-CA-0793 JOHN CASON, CHARLENE SIGNORELLI, AND PATRICIA FARNSWORTH, INDIVIDUALLY & ON BEHALF OF THOSE SIMILARLY SITUATED VERSUS AARON BROUSSARD & JEFFERSON PARISH CONSOLIDATED WITH: CONSOLIDATED WITH: JUDY BROWN AND SHERON & NO. 2011-CA-0794 CORNEL SANDERS VERSUS AARON BROUSSARD, JEFFERSON PARISH, CONSOLIDATED DRAINAGE DISTRICT NO. 1 OF THE PARISH OF JEFFESON, ET AL. CONSOLIDATED WITH: CONSOLIDATED WITH: BRENDA MANARD WIFE NO. 2011-CA-0795 OF/AND ROBERT L. MANARD III VERSUS BANKERS INSURANCE COMPANY, THE AMERICAN INSURANCE COMPANY, FIREMEN'S FUND INSURANCE CO. & THE PARISH OF JEFFERSON APPEAL FROM 24TH JUDICIAL DISTRICT COURT NO. 624-459,C/W 624-778, C/W 625-145, C/W 625-988, C/W 626-415, C/W 635- 370, C/W 635-539, C/W 635-883 DIV. “I” Honorable John L. Peytavin, Judge Ad Hoc * * * * * * Judge Dennis R. Bagneris, Sr. * * * * * * (Court composed of Chief Judge Charles R. Jones, Judge Dennis R. Bagneris, Sr., Judge Roland L. Belsome) BELSOME, J., CONCURS IN THE RESULT AND ASSIGNS REASONS E. Carroll Rogers MURPHY ROGERS SLOSS & GAMBEL 701 Poydras Street 400 One Shell Square New Orleans, LA 70139-0400 -AND- R. Glenn Cater CATER & ASSOCIATES, LLC 124 South Clark Street New Orleans, LA 70119 -AND- Darleen M. Jacobs JACOBS SARRAT & LOVELACE 823 St. Louis Street New Orleans, LA 70112 -AND- Michael Delesdernier 3632 North Labarre Road Metairie, LA 70002 -AND- Bridgette D. Kaczmarek KACZMAREK LAW FIRM, LLC 513 South Tejon Street Colorado Springs, CO 80903 -AND- Robert J. Caluda THE CALUDA LAW FIRM 3232 Edenborn Avenue Metairie, LA 70002 -AND- Kenny M. Charbonnet CHARBONNET LAW FIRM 3730 South Claiborne Avenue New Orleans, LA 70125 -AND- Richard M. Martin, Jr. LAW OFFICE OF RICHARD M. MARTIN, JR., LLC 20 Versailles Blvd. New Orleans, LA 70125-4114 COUNSEL FOR PLAINTIFFS/APPELLEES CHICAGO PROPERTY INTERESTS, LLC AND ZOE ALDIGE, INDIVIDUALLY AND ON BEHALF OF THOSE SIMILARLY SITUATED Dennis J. Phayer Christopher K. Tankersley Scott O. Gaspard BURGLASS & TANKERSLEY, L.L.C. 5213 Airline Drive Metairie, LA 70001-5602 COUNSEL FOR DEFENDANTS/APPELLANTS, THE PARISH OF JEFFERSON, AARON BROUSSARD, AND CONSOLIDATED DRAINAGE DISTRICT NO. 2 MAY 23, 2012 AFFIRMED This appeal arises out of a judgment certifying the plaintiffs/appellees as a class. In a consolidated matter the defendants/appellants, the Parish of Jefferson, Aaron Broussard and Consolidated Drainage District No. 2, appeal the certification. For the reasons that follow, we affirm. The instant litigation arose from the mass destruction caused by Hurricane Katrina. The plaintiffs/appellees filed suit in the 24th Judicial District for the Parish of Jefferson. The case was later consolidated in this Court. According to the pleadings, on August 28, 2005, pump operators in Jefferson Parish were ordered to evacuate in an effort to take life saving measures for the parish employees who operated the pumps. At this stage in the litigation the plaintiffs/appellees allege that the pumps were shut off in Jefferson Parish causing massive flooding to surrounding properties and imperiled the citizens of the parish who did not evacuate. According to the briefs, a “Doomsday Plan” was confected by Jefferson Parish seven years prior to Hurricane Katrina. After the destruction, numerous suits were filed wherein the plaintiffs/appellants alleged that they sustained injuries and/or damages as a result of the failure of the Parish to “properly draft, implement, distribute and review a Doomsday Plan”. 1 The issue of class certification was heard in June, 2010 and the district court certified two subclasses: East Bank Jefferson and West Bank Jefferson, as follows: 1. EAST BANK JEFFERSON Those named and putative class members, persons and/or entities (or their heirs, successors, or assigns) residing or owning property in the Parish of Jefferson, State of Louisiana who sustained injuries, losses, and/or damages as a result of the August 2005 flood caused and/or contributed by the non-operation of the pumping and drainage systems during and/or following Hurricane Katrina who more specifically were within that area of Jefferson Parish situated between Lake Pontchartrain and the Mississippi River west of Orleans Parish including but not limited to the incorporated communities of Harahan and Kenner and the un-incorporated communities of Elmwood, Jefferson, Metairie and River Ridge. Said East Bank Jefferson subclass area being more specifically described as being bounded on the West by the Jefferson Parish/St. Charles Parish line, on the South by the Mississippi River, on the North by Lake Pontchartrain and on the East by the Jefferson Parish/ Orleans Parish Line. LESS AND EXCEPT: The Old Jefferson or Hoey's Basin area of Jefferson Parish more particularly described as: All residents, domiciliaries, business entities, property owners, and other persons and entities residing or present on August 29, 2005, inside the geographic area bounded by (1) Metairie Road to the North, (2) Mississippi River to the South, (3) 17th Street Canal to the East, and (4) North Arnoult Road to the West (also known as Hoey's Basin), who or which suffered damages, injury or loss as a result of Hurricane Katrina-related flooding on an after August 29, 2005, and/or thereafter may have suffered additional damages including but not limited to wrongful death, personal injury, loss of income and other and non-economic losses, mental anguish and distress, long term, health risks associated exposure to polluted flood waters, relocation expenses, damage to real property, and damage to personal property. 2. WEST BANK JEFFERSON Those named and putative class members, persons and/or entities (or their heirs, successors, or assigns) residing or owning property in the Parish of Jefferson, State of Louisiana who sustained injuries, losses, and/or damages as a result of the August 2005 flooding caused and/or contributed by the non-operation of the pumping and drainage systems during and/or following Hurricane Katrina who more specifically were within that area of Jefferson Parish situated South of 2 the Mississippi River including, but not limited to the incorporated communities of Avondale, Bridge City, Estelle, Harvey, Marrero, Terrytown, Timberlane, Waggaman and Woodmere. Said West Bank Jefferson subclass area being more specifically described as being bounded on the North by the Mississippi River, on the West by the Jefferson Parish/St. Charles Parish line, on the East by the Jefferson Parish/Plaquemines Parish and Jefferson Parish/Orleans Parish lines and on the South to the full extent of the incorporated and unincorporated communities listed herein to and including all areas within or north of the southern flood protection levee zone. It is from the judgment dated September 22, 2010 that the defendants/appellants take the instant appeal. Assignments of Error On appeal, the defendants/appellants present the following assignments of error: (1) the trial court erred in granting the plaintiffs‟/appellees‟ motion for class certification where the plaintiffs/appellees failed to demonstrate that questions of law or fact common to all class members predominated over individual questions so as to satisfy the predominance requirement of La. C.C.P. Art 591(B)(3); (2) the trial court erred in finding that the class-wide damage calculation formula proffered by plaintiffs/appellees, which addressed only a single narrow type of property damage out of the fourteen items of general and special damages alleged by plaintiffs/appellees, constituted an acceptable mathematical/formulaic calculation of all individual damages on a class-wide basis so as to satisfy the predominance requirement of La. C.C.P. Art 591 (B)(3); and (3) the trial court erred in concluding that the plaintiffs‟/appellees‟ claims were of modest monetary value, especially in the face of the actual status of the Jefferson Parish insurance policy moneys. Standard of Review 3 The appellate standard of review as it applies to class certification is unique in that both
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