C.J. Mahan Construction Co. v. Paul Betzner

Summary

The court affirmed certification of a class asserting negligence and breach-of-contract claims arising from sewage contamination of two water systems. It held that class membership was ascertainable through objective information, including public property records, billing records, and affidavits, and that common issues concerning the alleged systemwide contamination and Mahan’s conduct predominated over individualized issues. The court declined to reach the merits of Mahan’s challenge to certification of the contract claim because the argument was not preserved.