Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Anderson v. City of New Orleans

Court of Appeals of Louisiana, Fourth Circuit

June 14, 2017

THOMAS ANDERSON, PAMELA DAVENPORT, EVELLE THOMAS, JUNE HARVEY, JOSEPH WONG, INDIVIDUALLY AND ON BEHALF OF THOSE SIMILARLY SITUATED, ALL PERSON EXPOSED TO CHEMICALS AT 24OO CANAL STREET
v.
CITY OF NEW ORLEANS

         APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2000-07489, DIVISION "A" Honorable Tiffany G. Chase, Judge.

          Roy F. Amedee, Jr., LAW OFFICES OF ROY F. AMEDEE, JR., Jennifer N. Willis, William P. Buckley, WILLIS & BUCKLEY, APC, COUNSEL FOR PLAINTIFF/APPELLEE

          Gary J. Gambel MURPHY ROGERS SLOSS & GAMBEL Antonio M. Clayton, ATTORNEY AT LAW, COUNSEL FOR PLAINTIFFS/APPELLEES

          John A. Stewart, Jr., Brodie G. Glenn, BALDWIN HASPEL BURKE & MAYER, LLC, Robert B. Gilbreath HAWKINS PARNELL THACKSTON & YOUNG, LLP, COUNSEL FOR DEFENDANT/APPELLANT, NID CORP.

          Darryl J. Foster, BRADLEY, MURCHISON, KELLY & SHEA, COUNSEL FOR DEFENDANT/APPELLANT, PAN-AMERICAN LIFE

          Kimlin S. Lee DEPUTY CITY ATTORNEY Corwin St. Raymond ASSISTANT CITY ATTORNEY Cherrell S. Taplin SENIOR CHIEF DEPUTY CITY ATTORNEY Rebecca H. Dietz CITY ATTORNEY CITY OF NEW ORLEANS 1300 Perdido Street City Hall - Room 5E03 New Orleans, LA 70112 COUNSEL FOR DEFENDANT/APPELLANT, CITY OF NEW ORLEANS

          Court composed of Judge Roland L. Belsome, Judge Daniel L. Dysart, Judge Sandra Cabrina Jenkins

          Daniel L. Dysart Judge.

         This appeal is of a trial court judgment granting a class certification. For the reasons that follow, we vacate the trial court judgment and remand for further proceedings.

         BACKGROUND

         The City of New Orleans (the "City") is the owner of a building known as the "City Hall Annex" (the "Annex"), located at 2400 Canal Street, in New Orleans, Louisiana.[1] In a Petition for Damages filed on May 12, 2000, plaintiffs, individually and on behalf of those similarly situated, claimed to have suffered personal injuries as a result of their exposure to "dangerous levels of hazardous chemicals including potassium hydroxide, hydrochloric acid and hydrofiboric acid."[2] Plaintiffs alleged that the City was aware that "hazardous, dangerous chemicals were present" at the Annex, but "nonetheless ordered petitioners and those similarly situated to work in this dangerous environment." They further alleged that the City "negligently and intentionally caused and/or allowed" the presence of these chemicals at the Annex. Plaintiffs' suit was brought individually and on behalf of "those similarly situated, all persons who have been exposed to or contaminated by toxic, hazardous chemicals present on the premises at 2400 Canal Street." The Petition then reiterates that the class action is instituted "pursuant to the provisions of [La.C.C.P.] Article 591, et seq., " by the plaintiffs and:

…all similarly situated persons who have sustained damages arising or resulting from the circumstances, events, acts and omissions complained of herein, specifically, all persons who sustained harm due to the presence of and exposure to hazardous chemicals at the building at 2400 Canal Street.

         By way of an amending petition filed on April 6, 2001, plaintiffs added Pan Am as a defendant to this suit, alleging that the chemicals stored at the Annex were placed there by Pan Am and that the storage of the chemicals "created an unreasonably dangerous condition for subsequent occupants of" the Annex. After the trial court granted a dilatory exception of vagueness filed by Pan Am, plaintiffs amended their petition to clarify that Pan Am was the former owner of the Annex and that Pan Am used the chemicals to clean its printing presses. Plaintiffs further alleged that Pan Am stored the chemicals in containers not intended for long term use, a result of which was the "leakage, spillage and/or diffusion of chemical vapors, " which contaminated the building. According to plaintiffs, the contamination of the building persisted until the chemicals were removed in December, 1999, although the building remained contaminated thereafter.[3]

         Plaintiffs filed a Third Amended Petition on June 22, 2005 to add Poydras Square, Inc., and New Orleans Centre Associates, a Louisiana partnership in commendam (collectively referred to as "Poydras Square"), as defendants. In this third petition, plaintiffs alleged that Poydras Square owned the property after Pan Am and that, while Poydras Square did not buy the chemicals stored at the Annex, it allowed the chemicals to remain on the property during the period of its ownership, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.