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COA rules on negligence claims in library case

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The Indiana Court of Appeals affirmed summary judgment today in favor of engineering and construction companies in a lawsuit filed by a central Indiana library, finding the economic-loss doctrine bars the library's negligence claims against the companies.

Whether the claims could be pursued because of an exception to the doctrine caused one judge to dissent.

The issue in The Indianapolis-Marion County Public Library v. Charlier Clark & Linard, P.C. and Thornton Tomasetti Engineers, et al., No. 06A05-0804-CV-239, is whether the library's negligence claims against the companies as a result of delays and defects in the construction of an expanded central library in downtown Indianapolis are barred under the economic-loss doctrine.

The defendants in this case were hired directly by the architect of record in the project instead of the library, and the library never purchased any services directly from them.

After construction began, major defects were discovered in the underground parking lot that would also serve as structural foundation for the building. The flaws required suspension of work and substantial work to fix the defects. The delays allegedly cost the library nearly $50 million.

The library's suit asserts several claims against the companies, including that they negligently performed their services on the project. The trial court granted the defendants' motions for summary judgment because the economic-loss doctrine barred the negligence claims.

The Court of Appeals unanimously affirmed summary judgment in favor of Charlier Clark & Linard on the library's negligence claim. The appellate court looked to Indiana and other jurisdictions' rulings on the economic-loss doctrine. The damages claimed by the library are "economic losses" that arose from the design and construction of the project, and didn't affect other property, so the claims aren't recoverable in tort, wrote Chief Judge John Baker.

In regards to the library's argument that it should be able to pursue its negligence claims because of certain exceptions to the doctrine, the appellate court found none were applicable in this case against CCL.

The majority held the claims against Thornton Thomasetti Engineers, which provided structural engineering services for the project, also didn't hold up under any of the exceptions. Judge Elaine Brown dissented because she believed there is a question of fact regarding imminent danger as to TTE and that summary judgment under the economic-loss doctrine was inappropriate.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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