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Saturday, February 07, 2009
Ind. Decisions - "Library loses a round in Court of Appeals"
The Court of Appeals decision Friday in the case of Indianapolis Marion County Public Library v. Charlier Clark & Linard P.C. and Thornton Tomasetti Engineers (see ILB summary here) is the subject of a brief, unattributed story today in the Indianapolis Star:
The Indiana Court of Appeals on Friday upheld a trial judge's ruling eliminating negligence claims against firms involved in the Central Library project.A six-week trial is set to begin March 9 in Boone County on still-active fraud claims being pressed by the Indianapolis-Marion County Public Library against a New York-based engineering firm, Thornton Tomasetti, and its managing principal.
The library has settled with several firms as it seeks damages for problems with the Central Library's underground garage that halted the project and were blamed on faulty design and construction work. The building reopened in December 2007 nearly $50 million over budget.
In March, a summary-judgment ruling by Special Judge Matthew Kincaid narrowed the library's remaining claims. He ruled the library couldn't press negligence claims against Thornton Tomasetti, its managing principal, and Charlier Clark & Linard, an inspection firm.
Friday's appeals court decision affirmed Kincaid's ruling, but appeals Judge Elaine B. Brown dissented on the Thornton Tomasetti claims.
Library attorney Robert Daniels said the Library Board would review its appeal options but is prepared to move forward with next month's trial on the fraud claims.
Posted by Marcia Oddi on February 7, 2009 09:07 AM
Posted to Ind. App.Ct. Decisions