Opinion
No. 97-C-1893
November 21, 1997
IN RE: Transportation Dev. Dept. of; — Defendant(s); Applying for Writ of Certiorari and/or Review; Parish of Jefferson 24th Judicial District Court Div. "J" Number 478,272; to the Court of Appeal, Fifth Circuit, Number 96-CA-0752
Granted. See per curiam.
CDK
PFC
WFM
JPV
CDT
LEMMON, J. would deny the writ.
JOHNSON, J. would deny the writ.
KNOLL, J. not on panel.
The rulings of the lower courts are vacated and set aside. In Kenneth E. Ford, et al. v. Murphy Oil USA, Inc., et al., 96-2913 (La. 9/9/97), this court held that under certain circumstances, the existence of individual causation and liability issues as to each potential class member may so predominate over common issues that class certification is inappropriate. The trial court in this case erred in refusing to allow the introduction by defendants of evidence of causation. The certification of the class is vacated, and the matter is remanded to the trial court to conduct a new class certification hearing in light of this court's holding in Kenneth E. Ford, et al, v. Murphy Oil USA, Inc., et al., 96-2913 (La. 9/9/97).
Lemmon and Johnson, JJ., vote to deny.