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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. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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