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Boyd v. Allied Signal12/30/2004
e to establish any geographic boundaries whatsoever." Hampton, 98-0430 at p. 10, 730 So.2d at 1096. The situation presented here is dramatically different from that presented in Hampton. Here, unlike the situation in Hampton, both the plaintiffs and defendants presented expert testimony relating to the geographic boundaries of the proposed class. The expert witnesses' conflicting opinions were all well-articulated and supported by sound scientific principles and objective documentary foundation. The principle that questions of credibility are for the trier of fact to resolve applies to the evaluation of expert testimony, unless the stated reasons of the expert are patently unsound. Bonnette v. Conoco, Inc., 01-2767, p. 33 (La.1/28/03), 837 So.2d 1219, 1240. Given the content of the record before us, we cannot conclude that the choice of the special master and the trial court to use Dr. Sajo's analysis as the basis for establishing the geographic boundaries of the proposed class, supplementing the "shelter in place" zone boundaries, constitutes manifest error. Nor do we find error in the trial court's acceptance of the tree damage described by Ms. Pennington and corroborated by photographs as grounds to incorporate areas outside of the "shelter in place" zone. Although the special master characterized that evidence as "antidotal" [sic ] (anecdotal), it may more appropriately be described as circumstantial. While it may not be sufficient for purposes of proving causation on the merits, it may properly be considered as corroborative evidence supporting the trial court's decision on the geographic area in the context of determining class certification. The objectivity or definability requirement clearly is satisfied.
With regard to the numerosity requirement, we conclude that the plaintiffs have adequately demonstrated the existence of sufficiently numerous claims to meet the threshold "burden of plausibility." This burden, we again emphasize, is not fairly comparable to the burden of proof of causation, medical or otherwise, on the merits. The evidence shows that 5,484 "proof of claim" forms were submitted by claimants. The types of claims presented range from personal injury claims to property damage claims to claims of significant inconvenience. I-12 is one of the major thoroughfares in and out of the Baton Rouge area, and was closed in the vicinity of the release for a relatively lengthy period. The records of the East Baton Rouge Office of Emergency Preparedness in evidence show that from 16 to 22 homes were within its evacuation plan, while at least 150 additional homes fell within the "shelter in place" zone. Documents submitted in connection with Mr. Mounce's testimony show that telephone calls were attempted to 280 to 295 telephone numbers associated with addresses within the "shelter in place" zone. Of 1,905 claimants listed in a database maintained by one plaintiffs' attorney as of November 4, 2002, 560 made claims for damages arising from evacuation.
Considering the foregoing, especially in light of the interconnected issue of objectivity satisfied by the geographic area chosen, we are satisfied that the plaintiffs have adequately met their burden of proving sufficiently numerous aggrieved persons such that joinder of their claims would be impractical.
COMMONALITY
We agree with the observation of the special master that, generally speaking, " ingle incident mass disasters are ideal for class certification," in terms of the requirement of commonality, or the existence of common questions of law or fact. Our courts have regularly recognized the usefulness of the class action procedure in mass tort cases. See Daniels v. Witco Corporation, 03-1478, p. 9-11 (La.App. 5t
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