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Certificate of Merit Required with Complaint – Or Case Dismissed With Prejudice

by Kent Holland | Feb 17, 2014 | Newsletter Article

Many states require that when a complaint is filed against a design professional, an affidavit of an expert must be filed simultaneously (or within a short period thereafter) stating that in the opinion of the expert the defendant design professional failed to meet...

Architect Liable to an Airport Maintenance Person who was Electrocuted While Working on an Electric Switchgear Box that had No Warning Labels

by Kent Holland | Dec 28, 2012 | Newsletter Article

Approximately four or five years after completion of the Hilton Hotel at the Boston Logan Airport, an employee of the airport authority was electrocuted while attempting to repair an electrical transformer that lacked required wiring diagrams and warning signs.  The...

Contractor Complaint against Engineer Dismissed for Failure to File Expert Identification Affidavit

by Kent Holland | Feb 9, 2011 | Newsletter Article

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...

Personal Injury Case against Engineer Dismissed for Lack of Expert Testimony

by Kent Holland | Feb 9, 2011 | Newsletter Article

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...

Pennsylvania Jury Rejects Expert Testimony and Claim for Personal Injury Resulting from Mold

by Kent Holland | Feb 9, 2011 | Newsletter Article

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...
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