HOMEOWNERS WIN 3RD TRIAL AGAINST NOSWB YET IT REFUSES TO SETTLE
Feb. 19, 2019 – Victory for plaintiffs – again – in the third trial of Uptown homeowners suing the New Orleans Sewerage & Water Board (SWB) for damages caused by the SELA Uptown drainage project, yet the board continues its expensive refusal to mediate or settle. Why?
In a ruling issued Friday, Judge Nakisha Ervin-Knott awarded over three-quarters of a million dollars ($770,435) to ten plaintiffs who suffered damages as a result of the vibration and heavy construction in proximity to their homes. She also ruled that the SWB must pay the homeowners’ attorneys’ fees and costs, pushing the award to over $1.0 million, according to Plaintiff Attorney Michael Whitaker.
“We have won three trials in a row now – what is the issue? The SWB’s own financial reports acknowledge almost $50 million in damages from this project” said Whitaker. “Rather than mitigate its losses, the board is paying attorneys and experts hundreds of thousands of dollars to lose these cases in protracted litigation. A mediation or settlement conference would dispose of them quickly, efficiently and curtail legal fees. That is the question the citizens of New Orleans need to ask of this city agency,” Whitaker said.
So far, only 25 cases have been litigated with 275 more to go. “Meanwhile, plaintiffs’ are living in damaged homes. This is simply wrong.” Whitaker said.
Sewerage and Water Board attorneys are due in court on March 11 to defend a motion for sanctions and contempt of court for failing to produce important expert reports of damage to homes. The board’s attorneys have acknowledged their failure to produce this important evidence despite being asked for it many times.
Twenty more claims are set for trial in May.
HAS YOUR HOME BEEN DAMAGED, OR YOUR BUSINESS SUFFERED, AS A RESULT OF THE SWB DRAINAGE PROJECT?
The law may allow recovery for your loss. Help is available.The attorneys at Bruno & Bruno and the Whitaker Law Firm have joined together to represent the interests of the Uptown residents. Please contact us for a consultation!
Joseph Bruno (Attorney) | Email
37 years of practice –Joseph M. Bruno is widely regarded as a creative, energetic and outspoken advocate of victims’ rights, particularly in difficult and complex cases of liability. He is a defender of class action procedures, seeing them as an important balancing tool in our complex society.
Contact our team: 1-844-624-5556