Opinion

Brooks v. Union Pacific Railroad

  • 13 So. 3d 546
  • 2009 La. LEXIS 2268
  • 2009 WL 1425972
Court
Supreme Court of Louisiana
Filed
May 22, 2009
Status
Published
Author
Traylor
On the bench
Victory, Traylor
Cited by
50 cases

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.
    Louisiana Court of AppealAug 12, 2009Read it
  • 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.
    Louisiana Court of AppealAug 12, 2009Read it

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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