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Saturday, July 25, 2009
Ind. Courts - "Indiana Supreme Court will hear library renovation suit"
As noted in this July 23rd entry, the Supreme Court has granted transfer to the case of Indianapolis Marion County Pub. Library v. Charier Clark & Linard, PC. Vic Ryckaert reports today in the Indianapolis Star:
The Indianapolis-Marion County Public Library's $25 million negligence suit against two companies involved in the troubled Central Library renovation and expansion project will get a hearing before the Indiana Supreme Court.Here is a long list of earlier ILB entries on the Central Library issues.The court on Thursday announced it will hear the library's claims against engineers Thornton Tomasetti and inspectors Charlier-Clark & Linard in connection with $50 million in cost overruns stemming from construction defects in the main library's underground garage. * * *
In April, a Boone County jury found in favor of Thornton Tomasetti on the library's fraud accusations after a five-week trial. That verdict means taxpayers could end up footing the bill for a portion of the overruns and for more than $700,000 in fees.
The Boone County verdict was not appealed. Instead, the library's lawyers asked the Supreme Court to consider a negligence claim that Special Judge Matthew Kincaid had dismissed months before the trial began. The Indiana Court of Appeals upheld Kincaid's ruling in February.
No date for oral arguments before the Supreme Court has been scheduled. If the court reinstates any of the claims, the case could head for a new trial.
Library officials have said they hope to hold Thornton Tomasetti and Charlier-Clark & Linard responsible for mistakes and contractual breaches that led to the problems and additional costs.
Posted by Marcia Oddi on July 25, 2009 09:31 AM
Posted to Ind. Sup.Ct. Decisions