A class action lawsuit has been filed against the Ingram Barge Company, Lafarge North America, Joseph C. Domino Towing, Unique Towing and Zito Fleeting for their negligence which resulted in the breach of the Industrial Canal during Hurricane Katrina.  Among other things, the lawsuit alleges that prior to the storm, these companies had been warned to move the barge from the Industrial Canal because of the approaching storm.   It further alleges that the barge was not properly moored and that because of these and other negligent acts of the defendants, the barge broke away from its moorings, and caused a significant breach of the eastern Industrial Canal Floodwall.  The break in the canal caused a massive surge of water, much like a tidal wave or tsunami, to be released into the neighborhood below, destroying everything in its path.  Residents had only a few seconds to react and many lives were lost.

The proposed class area is the Lower Ninth Ward of Orleans Parish, Arabi, and the parts of Chalmette west of Paris Road and south of the Public Belt or other Railway immediately north of Florida Avenue, the Florida Walk Canal, and the Forty Arpent Canal. This means that this lawsuit covers all persons from these areas who sustained property loss, bodily injuries, the death of a family member, business losses, or other economic or emotional injuries caused by the flooding, destruction, ruin, loss and displacement caused by these events.

We have been appointed by the United States District Court for the Eastern District of Louisiana to the Barge Plaintiffs’ Subgroup Litigation Committee – the committee leading the litigation of all cases involving the breach allegedly caused by Barge ING 4727.  This means that the Court has appointed us to conduct and lead all aspects of the litigation for the benefit of the proposed class.  We have asked the court to certify a class covering in excess of 40,000 persons who lived in the class area, and the persons who had property or a business there.

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