By: The Associated Press//September 16, 2022//
The Associated Press//September 16, 2022//
The Associated Press
NEW ORLEANS 鈥 A New Orleans judge has brought in a mediator to try to work out a settlement with hundreds of people who claim damage from聽the partial collapse of a hotel聽under construction nearly three years ago.
Plaintiffs say they were injured, a loved one killed, or their business damaged when upper stories of a planned Hard Rock Hotel聽collapsed on Oct. 12, 2019.聽The crash killed three workers, injured many others, damaged nearby property, and shut down part of six-lane Canal Street for more than a year. Ten months passed before聽all bodies were removed聽and eight more before two-way traffic returned on Canal Street.
There鈥檚 been little movement in the cases for about two years, and Civil District Judge Kern Reese has appointed John Perry Jr., of Baton Rouge, as special master to work out a settlement,聽WWL-TV reported.
鈥淔or our clients, it鈥檚 a light at the end of the tunnel,鈥 said Mike Brandner Jr., who represents more than 40 injured construction workers.
Perry will negotiate with a committee of 13 plaintiffs鈥 attorneys and with the hotel鈥檚 developers and construction contractors.
鈥淚t may be easy to settle with some of the defendants and very difficult to settle with other of the defendants,鈥 Perry told the station. 鈥淎nd we鈥檙e just going to have to get into it in a traditional negotiation to make that determination.鈥
Perry has already worked out settlements in some cases, the station reported.
Paul Thibodeaux, who represents 1031 Canal Development, said it has worked with Perry 鈥渢o resolve multiple claims and looks forward to continuing that effort.鈥
The Orleans Parish District Attorney鈥檚 Office is investigating possible negligence charges but has not brought any. The U.S. Occupational Safety and Health Administration issued safety violations against the designer, prime contractor, and some subcontractors, but lead engineer James Heaslip is still appealing his case.
Perry sent a letter saying that if a settlement is approved, he will run a compensation program to distribute any money put up by the defendants鈥 insurance companies. He also asks plaintiffs鈥 attorneys to recommend that their clients participate in a compensation program, with a Sept. 28 deadline for attorneys鈥 consent to do so.
鈥淗opefully we鈥檒l be able to put a program in place that鈥檚 acceptable to all participants in the very near future,鈥 Perry said. 鈥淎nd at that point, we鈥檒l be in a position to try to negotiate the claims with the defendants.鈥
Agreement to participate in the process would avoid long litigation but would require accepting Perry鈥檚 decision. His 鈥渄eterminations will be final,鈥 according to a consent form shared by Perry. 鈥淭here will be no appeal to any court or any other authority.鈥
Claimants can opt out of any settlement and continue in court.
鈥淏ut if they have to take 100 depositions and hire 25 experts and start getting trial dates and working their way through the traditional process, this will take years,鈥 Perry said. 鈥淎nd we鈥檙e trying to get this plane landed and give everyone an opportunity to resolve these claims efficiently and quickly.鈥
Reese has ordered 4 percent of all claims payments to cover litigation costs, mostly tied to storage of evidence recovered from the collapse site.