CHALMETTE, La. — A Louisiana trial court ruled on Aug. 10 that there are sufficient potential plaintiffs to support class certification in a mold exposure case brought on behalf of elementary school students. Cardon v. Chalmette Christian Academy, No. 104-284 (La. 34th Jud. Dist. Ct., St. Bernard Parish).

Barry M. Cardon and Rebecca T. Dauterive filed a lawsuit in May in St. Bernard Parish District Court against Chalmette Christian Academy and unnamed 'others,' alleging their children and other present and former students were harmed by exposure to mold at school.

Cardon moved for class certification and Judge Manuel A. Fernandez held a hearing on the motion on July 18, at which Chalmette Christian Academy argued that mold was detected in only one building and that resolution of the claims does not lend itself to class treatment.

In his decision certifying a class of students, Judge Fernandez noted that Chalmette relied on Ford v. Murphy Oil (703 So.2d 542 [La. 1997]), and said he found that case 'vastly distinguishable.'

The Ford plaintiffs alleged injury from four different petrochemical sites, the judge explained, which could require a determination of different exposures to different combinations of chemicals, he noted.

Of more concern in this case, he said, was the numerosity requirement.

The academy argued that only three plaintiffs have alleged exposure, although Cardon has asserted that several others were exposed to mold, the judge said.

But the number of named plaintiffs is not determinative, the judge explained.

Here, there is a possibility of exposure to the 270 students who were enrolled last year, and a similar number from the prior year, bringing the number of potential plaintiffs to about 500, the judge continued.

'Where the potential claimants or putative class members are sufficient in number for class certification and they are easily identifiable, the numerosity requirement is met,' Judge Fernandez concluded.

The judge defined the class as those students in the school, which taught students in kindergarten through grade four, as well as day care students in the facility, from Sept. 1, 21003, to June 1, 2005.

Madro Bandaries, Sean Alfortish and Wiley Beevers, all of Gretna, La., represent the Cardon and Dauterive plaintiffs.

Gordon P. Serou Jr. and James R. Sutterfield of Sutterfield & Webb in New Orleans represent Chalmette Christian Academy.

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