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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

by Kent Holland | Feb 6, 2011 | Newsletter Article, standard of care

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...

Expert Witness Adequately Testified to Consensus Opinion on Applicable Standard of Care

by Kent Holland | Dec 31, 2010 | Newsletter Article, standard of care

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...

Expert Testimony is Required to Prove Construction Management Failed to Meet the Standard of Care

by Kent Holland | Dec 31, 2010 | Newsletter Article, standard of care

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...

Expert Testimony Found Insufficient to Establish Standard of Care against Engineering Firm

by Kent Holland | Dec 31, 2010 | Newsletter Article, standard of care

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...
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