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Georgia-Pacific Consumer Prods. LP v. Ratner

The trial court did not abuse its discretion in certifying the class of plaintiff property owners in their action arising from the release of hydrogen sulfide gas from the defendant's mill.

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Four Effingham County property owners1 sued Georgia-Pacific Consumer Products, LP “Georgia-Pacific” for nuisance, trespass, and negligence arising out of the intermittent but continuing release of hydrogen sulfide gas onto their properties from Georgia-Pacific’s Savannah River Mill “the mill” in Rincon.2 The plaintiffs moved the trial court to certify a class consisting of the owners of 65 additional properties neighboring the plant. After a hearing, the trial court certified the class pursuant to OCGA § 9-11-23 c 1.3 Georgia-Pacific contends that the trial court abused its discretion when it certified the class. We disagree and, for the reasons set forth below, we affirm.

Under OCGA § 9-11-23, a class action is authorized if the members of the class share a common right and common questions of law or fact predominate over individual questions of law or fact. The character of the right sought to be enforced may be common although the facts may be different as to each member of the alleged class.

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