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MRGO ruling could lead to compensation for tens of thousands of flood victims

by Scott Satchfield / Eyewitness News

wwltv.com

Posted on November 19, 2009 at 6:04 PM

Updated Thursday, Nov 19 at 10:05 PM

NEW ORLEANS -- Attorneys say the ruling in the Mississippi River Gulf Outlet case could open the door for tens of thousands of flood victims to receive compensation.

Federal district judge Stanwood Duval, Jr. ruled the U.S. Army Corps of Engineers is responsible for flooding in St. Bernard Parish and the Lower Ninth Ward. 

Thursday, attorneys for those who sued the corps spoke out about the potential impact of the decision. Even in victory, they didn’t soften their stance on the Army Corps’ performance.

"They're too cozy with their contractors,” said attorney Joe Bruno. “They waste money. They're not interested in the welfare of the people. They're interested in their own welfare."

In the ruling, Duval said the Army Corps mismanaged its maintenance of the MRGO. Attorney Pierce O’Donnell believes Army Corps officials knew all along what could happen.

"The Army Corps of Engineers maintained then, and right up until yesterday, that Katrina was a natural disaster,” O’Donnell said. “However, the people of New Orleans and St. Bernard Parish had known for a long time, for 40 years, that the Mississippi River Gulf Outlet would someday cause the catastrophic flooding of their homes."

While the judge's decision likely puts the federal government on the hook for more than $700,000 in this case, attorneys point out it also sets a major precedent.

"This group of lawyers and clients did not seek justice just for 6 people, or 100,000 people, but for the 450,000 people who have filed claims against the Army Corps of Engineers," O’Donnell said.

Plaintiffs' attorneys felt confident in evidence they presented during the case – from video showing storm surge flowing from into St. Bernard Parish, to computer models developed by Dutch experts that explained how it happened.

For Tanya Smith, one of the plaintiffs, learning more about the corps' performance was troubling.

"I'm living right there. I'm about a mile away from it. So, I was angry. I was angry,” she said. “If I had stayed, I may not even be here. You know, put my life in danger, my children's, my family, and my friends."

The Army Corps sent a statement in response to the ruling, saying it has received more than 490,000 claims for damages, but until litigation is completed, no activity will be taken on any claims.

Plaintiffs' attorneys say, it’s time to pay up.

"The new president and his justice department can honor the campaign promise, and his recent promise in New Orleans, to do the right thing by the people of New Orleans and St. Bernard Parish," O’Donnell said.

Plaintiffs' attorneys say they'll ask for certification of a new class action group, and they vow to fight any appeals.
 

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