trial court erred in certifying class because all experts testified that the predominate cause of flooding was dependent on an individual’s location
How later courts described this case
- trial court erred in certifying class because all experts testified that the predominate cause of flooding was dependent on an individual’s location
- one class member must be able to prove the cause of his injury or damage based on the same set of operative facts as would be offered by every other member of the class
Written by the judges who cited it.
Distinguished
Distinguished by Husband v. Tenet HealthSystems Memorial Medical Center, Inc., 2008 La.App. 4 Cir. 1527 (2009)
InWe find that Brooks is distinguishable from the case at bar on its facts.
Distinguished by Husband v. TENET HEALTH. MEMOR. MED. CENTER, 16 So. 3d 1220 (2009)
We find that Brooks is distinguishable from the case at bar on its facts.
The opinion
*562 TRAYLOR, Justice,
dissenting.
| ! Although the percentages of the defendants’ fault may ultimately be determined to be different for each of the basins flooded during the rain event of April 10-11, 1995, I believe that the interplay of the defendants’ alleged fault satisfies the common cause requirement for class certification. Therefore, I do not think that the trial judge’s action in certifying the class error. I respectfully dissent.