Fourth Department – Class certification: Bardsley v. Great Lakes Industrial Development LLC

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

 Class certification

Common questions versus individual questions

Bardsley v. Great Lakes Industrial Development LLC

CA 21-00115

Appealed from Supreme Court, Erie County

Background: The plaintiffs commenced an action individually and on behalf of purported classes of similarly situated plaintiffs seeking damages from a multi-day warehouse fire caused by the defendants’ alleged negligence. The plaintiffs appeal from an order that denied class certification relative to the personal injury claims.

Ruling: The Appellate Division affirmed. The court held that the plaintiffs failed to establish a predominance of common questions over individual questions. The plaintiffs allege that members of the personal injury subclass suffered a variety of medical ailments as a result of the fire, including brain cancer, asthma, and osteoarthritis. The determination as to whether the defendants’ negligence caused the injuries alleged with respect to each plaintiff will require detailed individualized assessments of each of plaintiff’s medical history, including preexisting conditions.

Jeanne M. Vinal, of Vinal & Vinal, for the plaintiffs-appellants; Zachary C. Osinski, of Nixon Peabody, and Meghan M. Brown, of Goldberg Segalla, for the defendants-respondents.