by Kent Holland | Feb 8, 2011 | Newsletter Article
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...
by Kent Holland | Feb 7, 2011 | Newsletter Article
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...
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...
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...
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...
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