LOUISIANA SUPREME COURT REFUSES TO REVIEW JUDGMENT FOR UPTOWN PROPERTY OWNERS SUING N.O. SEWERAGE AND WATER BOARD IN SELA DRAINAGE CASE
Oct. 16, 2019, New Orleans, LA – The Louisiana Supreme Court refused to review a judgment in favor of the first 5 homeowners suing the New Orleans Sewerage & Water Board (SWB) for damage to their homes during construction of the SELA Uptown drainage project. The Court denied SWB’s writ application yesterday and did not disturb the lower court findings that the SWB was the local sponsor, had agreed in writing to pay for damage caused by the construction and was legally at fault.
According to Michael Whitaker, one of the attorneys for the homeowners, the Supreme Court’s action is the final step in the SWB’s 5-year long attempt to challenge its liability for the SELA damage claims. “These first 5 homes were test cases. An additional 20 have been tried in two subsequent trials, and each time the Court has made the same ruling, finding the SWB at fault. We represent a total of 350 property owners. Since the SWB’s involvement was the same for the entire project we intend to seek a ruling that these findings apply to all of the homes, leaving for resolution only the nature and extent of damage. Having now been all the way to the Louisiana Supreme Court, we are hopeful this will not be necessary and that the SWB will make the moral and business decision that settlement of the claims is the right thing to do,” Whitaker said.
In May, the Louisiana 4th Circuit Court of Appeal ruled in favor of the homeowners who claim pile driving and other heavy construction caused extensive structural damage to their homes. The appeals court upheld an award of nearly half a million dollars ($498,601) and $400,000 in attorneys’ fees and $145,000 in expert fees.
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.
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