A landmark ruling in a Hurricane Katrina lawsuit means that thousands of Louisiana flood victims could be eligible for compensation from the U.S. Army Corps of Engineers. The ruling involved the Mississippi River Gulf Outlet, also known as MRGO .
MRGO was built to allow ships easier access between New Orleans and the Gulf of Mexico. In order to build it, the Army Corps of Engineers cut through 76 miles of swamp and wetlands that had once served to protect the Crescent City from destructive storm surges, like the one that accompanied Katrina. Flood victims had claimed that during the storm, the MRGO acted as a funnel, and pulled much of Katrina’s storm surge into the New Orleans and St. Bernard.
In the first MRGO lawsuit to go to trial, U.S. District Court Judge Stanwood R. Duval, Jr. awarded over $719,000 to four different sets of MRGO flooding plaintiffs. The plaintiffs had claimed that the poor design and the Corps’ failure to maintain MRGO had attributed to the flooding that followed Hurricane Katrina. The Corps had argued that the federal Flood Control Act shielded the government from liability for defective flood-control projects.
While Judge Duval did agree that the Army Corps of Engineers was not liable for flood damage stemming from the design of MRGO, he did rule that the Corps could be held liable for its negligent failure to properly maintain and operate the channel.
There had been warnings for years that the design and poor maintenance of MRGO would put people and property at risk in the event of storm surge from a massive hurricane like Katrina. During the MRGO trial decided by Judge Duval, expert witness Sherwood M. Gagliano, a geologist and former consultant to the Corps, cited reports from as early as 1957 that claimed the canal would pose a danger to the people of St. Bernard Parish and reports of his own dating from 1972 that warned of the increased flooding risk from wetlands destruction.
He also testified that the Corps was aware of such research and even prepared a report in 1988 that mentioned “the possibility of catastrophic damage to urban areas” from MRGO. In spite of such assessments, Gagliano asserted that the Corps did little to reduce the risk. The government didn’t undertake any of the remedial efforts he recommended, he testified. This led to “one of the greatest catastrophes in the history of the United States."
Judge Duval’s November 18, 2009 ruling found that the Corps of Engineers’ negligent failure to maintain and operate MRGO properly was a substantial cause for the fatal breaching of the Reach 2 Levee and the subsequent catastrophic flooding of the St. Bernard Polder following Hurricane Katrina. The judge then went on to rule that the Corp’s failure to provide timely foreshore protection doomed the channel to grow to three times its design width and destroyed the banks which would have helped to protect the levee.
According to the law firm of Parker Waichman Alonso LLP , if Judge Duval’s landmark ruling is upheld on appeal, thousands of individuals and entities whose property was damaged or destroyed, or who suffered personal injury in Hurricane Katrina flooding could be eligible for compensation from the U.S. Army Corps of Engineers. Already, attorneys for MRGO Katrina flooding plaintiffs have said they would be seeking a global settlement with the U.S. to cover residents and businesses impacted by the Corps’ MRGO negligence.
Parker Waichman Alonso LLP and its Co-Counsels are offering free consultations to individuals and entities who were victims of the negligent maintenance of MRGO, have not already retained an attorney, and who previously filed SF Form 95 claims with the Army Corps of Engineers on or before Aug. 29, 2007. This offer applies specifically to entities and individuals whose property was located within the following Louisiana zip codes: 70129, 70117, 70092, 70085, 70075, 70043, 70032.
To arrange for a free consultation, perspective claimants can visit . Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636).
