Related Document: Opinion - MOL-0408-15 (PDF format)
 
NEW ORLEANS — An estimated 580 Louisiana state employees who allege that environmental problems were ignored by state agencies can sue those agencies as a class, a state trial court ruled recently. Watters v. Department of Social Services, et al., No. 01-17755 (La. Dist. Ct., Orleans Parish).

Orleans Parish District Judge Louis A. DiRosa concluded in a judgment released on July 20 that the claims of plaintiffs in two consolidated actions assert common issues of fact and law sufficient for class certification under Article 591 of the Louisiana Code of Civil Procedure.

The two lawsuits were brought by Sherry Watters and four co-plaintiffs, on behalf of state workers, and Mary Johnson and nine others who worked as child caregivers for the Louisiana Department of Social Services. Judge DiRosa certified those plaintiffs as two classes:

'All present or past individuals employed by the State who worked in Plaza Towers at any time from 1996 to present, who have [been] exposed to toxic substances and all individuals assigned after the day of filing of this petition.'

'All present or past 'contract foster-parents' of the Department of Social Services who were required by the terms of their contractual duties to occupy the 'Plaza Tower' office building from 1995 to the date of their departure from the building who were exposed to fungal substances such as mold and mold spores which were growing on building materials and the by-products of the mold and mold spores that were released into the air.'

Judge DiRosa also appointed the name plaintiffs in each action as class representatives, and their counsel as class counsel.

Defendants include Louisiana's Department of Health and Hospitals, Department of Social Services, and the Department of Administration, which oversees office space for the state.

The Watters and Johnson plaintiffs allege that workers in the Plaza Towers offices complained of ill effects from mold and other air quality problems almost from the time the building was occupied in 1995.

In summarizing plaintiffs' complaints, Judge DiRosa said a state toxicologist visited the building in 1997 and twice in 2001 because of complaints and reported that employers were complaining of headaches, infections, sore throats, flu-like symptoms and allergic reasons. The illnesses were blamed on overflowing toilets, roof and ceiling leaks and wet carpets, the judge said.

The state did not test for mold until Oct. 12, 2001, the judge said.

Judge DiRosa noted that the court heard from Dr. Chin S. Young and Dr. Michael R. Gray and other plaintiffs' experts on the adverse health effects.

The judge said that while the state's expert, Dr. Bruce Kelman, testified that there were insufficient mold spores to cause the illnesses complained of by five class members he examined, Dr. Kelman is not a microbiologist.

Despite his negative view of the effects of mold, he did admit that mold in an indoor environment should be cleaned and is bad and that water damage in a building can confirm mold growth,' Judge DiRosa said. 'The Court did not believe that this testimony altered the arguments of plaintiffs in both class action certifications, concerning the detrimental effects present in this particular building,' the judge explained.

The Watters and Johnson plaintiffs reached a reported $4.25 million settlement with building insurers earlier this year.

Mickey P. Landry of Landry & Swarr in New Orleans and Robert G. Creely, Nicole L. Hackett and Madro Bandaries of Amato and Creely in Gretna, La., represent the Watters and Johnson plaintiffs.

The State of Louisiana is represented by James Bolner Jr. of Berrigan Lichfield Schonekas Mann Traina & Thompson in New Orleans.
 

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