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Boudreaux v. State6/10/2005
Application for Rehearing filed June 23, 2005; Rehearing Denied August 2, 2005
Before: GUIDRY, DOWNING, and GAIDRY, JJ.
The State of Louisiana, through the Department of Transportation and Development (the State), appeals a damage award to members of a class who were victims of a devastating flood that occurred in April 1983. Considering the evidence presented, we amend the judgment, and as amended, affirm.
FACTS AND PROCEDURAL HISTORY
On April 6-9, 1983, floodwaters damaged several homes and businesses in Tangipahoa Parish. On April 6, 1984, Jean Boudreaux and "the victims of the flood on April 6, 1983" ("class plaintiffs") filed a petition for damages against various defendants, including the State, wherein they alleged that the State designed and built the Interstate 12 bridge over the Tangipahoa River in such a negligent and improper manner that it disrupted the natural flood plain, causing the rising waters of the river to flood their homes and properties in April 1983. The parties agreed to a bifurcated trial, with the issue of liability being heard on April 26-28, 1999. A judgment on the issue of liability was rendered in favor of the class plaintiffs against the State, and the State appealed. This court affirmed the judgment, and a writ granted by the Louisiana Supreme Court was later dismissed, making that judgment final and conclusive as to the liability of the State. Boudreaux v. State, Department of Transportation and Development, 00-0050 (La.App. 1st Cir.2/16/01), 780 So.2d 1163, writ dismissed, 01-1329 (La.2/26/02), 815 So.2d 7.
In the meantime, the parties proceeded to trial on the issue of damages. The damages trial was held on several dates in the months of February, March, and April 2002, before a special master appointed by the trial court. On November 15, 2002, the special master issued a written report of his findings and recommendations, which were adopted by the trial court in a judgment rendered August 6, 2003. Both parties filed motions for new trial, and following a hearing on the motions, the trial court rendered a revised judgment on November 5, 2003. The State suspensively appeals the November 5, 2003 judgment, and the class plaintiffs have answered the appeal.
ASSIGNMENTS OF ERROR
The State contends that the following errors resulted in the trial court improperly awarding damages to the class plaintiffs:
ASSIGNMENT OF ERROR NUMBER 1
The lower court erred in denying the State's exception of prescription under La. R.S. 49:112.
ASSIGNMENT OF ERROR NUMBER 2
The lower court erred in its calculations of the number of claimants in the class and the various parts of the class claim including arithmetic errors, errors of improperly including claims that should have been excluded (e.g., claimant born after flood) and duplicate claims.
ASSIGNMENT OF ERROR NUMBER 3
The lower court erred in failing to require even minimal levels of competent evidence to support the claims.
ASSIGNMENT OF ERROR NUMBER 4
The lower court erred in awarding damages to persons who have no legal right of recovery.
ASSIGNMENT OF ERROR NUMBER 5
The lower court erred in awarding certain damages for loss of homes and personal property.
ASSIGNMENT OF ERROR NUMBER 6
The lower court erred in awarding certain damages for loss of income.
ASSIGNMENT OF ERROR NUMBER 7
The lower court erred in awarding damages for diminution of value of the real estate despite the stipulation of counsel and the evidence.
ASSIGNMENT OF ERRO
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