US Court: Army Corps of Engineers liable for Katrina flooding
"It is the court's opinion that the negligence of the Corps, in this instance by failing to maintain the MRGO properly, was not policy, but insouciance, myopia and short-sightedness," U.S. District Court Judge Stanwood Duval Jr. wrote in his lengthy ruling, referring to the Mississippi River-Gulf Outlet canal.
"For over 40 years, the Corps was aware that the Reach II levee protecting Chalmette and the Lower Ninth Ward was going to be compromised by the continued deterioration of the MRGO ... The Corps had an opportunity to take a myriad of actions to alleviate this deterioration or rehabilitate this deterioration and failed to do so. Clearly, the expression 'talk is cheap' applies here."
Duval's ruling was issued in a lawsuit brought by six plaintiffs affected by the 2005 hurricane, who claimed the Corps of Engineers was liable for damages. The judge ruled against one couple, who lived in New Orleans East, but awarded the others, from the Lower 9th Ward and St. Bernard Parish, damages ranging from $100,000 to $317,000.
"The people of this city are vindicated," said Joe Bruno, one of the plaintiffs' attorneys. "They didn't do anything wrong. It's now time for them to be compensated."
The ruling applies not only to the six plaintiffs, attorney Pierce O'Donnell said, but to 100,000 homes and businesses in the parish and the Lower 9th Ward. Under the precedent set by Duval's decision, they too will be entitled to compensation.
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