Contractor Complaint against Engineer Dismissed for Failure to File Expert Identification Affidavit
Expert Identification Affidavit,Expert Witness
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Where a contractor that was sued by a project owner for failing to comply with contract specifications filed a claim to implead the project engineer into the suit, it failed to serve an expert identification affidavit within 180 days as required by state statute. As a result, the court dismissed the contractor’s claim against the [...]
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Personal Injury Case against Engineer Dismissed for Lack of Expert Testimony
Bodily Injury,Expert Witness,Negligence,Site Safety,Standard of Care,Third Party Claims
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Where a pedestrian sued a city and its engineering consultant for negligent design and construction, and failure to warn of a dangerous condition in a sidewalk, a court held that the engineer was entitled to summary judgment. This was because the plaintiff did not present expert testimony on the professional standard of care, and the [...]
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Pennsylvania Jury Rejects Expert Testimony and Claim for Personal Injury Resulting from Mold
Expert Witness,Mold,Proximate Cause
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In Traub v. Crawford & Company, et al., No. 1995-153-C-153 (Pa. Comm. Pls., Lehigh Cty.), plaintiffs, Mr. and Mrs. Traub, made a claim for storm damage in 1994 to their insurer, Great American Insurance Companies (“Great American”). Great American retained an independent adjuster with Crawford & Company (“Crawford”) to assess the damage. The adjuster allegedly [...]
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A court dismissed a developer’s suit for fraud, negligent misrepresentation, and breach of warranty against the design firm (A/E) that provided engineering and surveying services for the development of a residential community. The developer argued that the A/E was negligent in failing to perform various tests to determine the extent to which the land was [...]
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Judgment Against Architects Reversed Due to Lack of Expert Testimony
Construction Observation,Expert Witness,Site Visits,Standard of Care
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Expert testimony most be presented by a plaintiff to prove that a design professional violated the standard of care and was, therefore, negligent in the performance of professional services. In Taylor v. DeLosso, 725 A.2d 51 (N.J. Super. A.D. 1999), the court reversed a judgment against an architect that designed an unworkable site plan for [...]
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Engineer’s Duties Specified by Contract Cannot be Expanded by Plaintiff’s Expert Testimony to Elevate the Standard of Care to Jury Question
ConstructionRisk.com Report Vol. #13, Issue #2
See article in the following topic indices:
CH2,Contract Language,Expert Witness,Scope of Service,Standard of Care
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As a result of a fatal accident that occurred when a car hit a low median separating traffic on a highway overpass bridge and vaulted over it into oncoming traffic, plaintiffs filed suit against the engineering firm that had years earlier performed professional services involving the bridge. Pursuant to a contract with a developer, the [...]
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Expert Witness Adequately Testified to Consensus Opinion on Applicable Standard of Care
ConstructionRisk.com Report Vol. #12, Issue #4
See article in the following topic indices:
Expert Witness,Negligence,Reliance,Standard of Care
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A plaintiff’s expert witness was challenged by the defendant on the basis that the expert’s testimony failed to adequately demonstrate that there was a consensus within the architectural community for the standard of care that he asserted applied in the case. The essence of his testimony was that when an architect is retained by a [...]
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Expert Testimony is Required to Prove Construction Management Failed to Meet the Standard of Care
ConstructionRisk.com Report Vol. #12, Issue #10
See article in the following topic indices:
Construction Management,Expert Witness,Negligence,Standard of Care
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A Court of Appeals in Texas ruled that expert testimony is required to establish the standard of care of a construction management firm since a lay person would not have sufficient knowledge of the duties of a construction management firm. Judgment was entered for the construction management firm as no expert testimony was put forth [...]
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Expert Testimony Found Insufficient to Establish Standard of Care against Engineering Firm
ConstructionRisk.com Report Vol. #12, Issue #11
See article in the following topic indices:
Expert Witness,Negligence,Standard of Care
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Where a contractor filed suit alleging that an engineering firm was negligent in designing, engineering and surveying land where a group of homes were planned to be built, the trial court granted summary judgment for the engineer because expert testimony offered by the contractor was insufficient to establish a standard of care that the engineering [...]
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