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Tuesday, June 29, 2010

Ind. Decisions - "Library wins one ruling in appeals court, waits for Indiana Supreme Court on another" [Updated]

Yesyerday's Court of Appeals decision in Indianapolis-Marion Co. Library v. Thornton Thomasetti Eng. (ILB summary here) is the subject of a post at Justice Watch blog by Indianapolis Star reporter Jon Murray. Some quotes:

The Indiana Court of Appeals ruled today that the Indianapolis library system may pursue a new trial over the bungled Central Library project on a claim that had been axed by a Boone County judge last year. This ruling is the latest in the Indianapolis-Marion County Public Library's drawn-out effort to recoup millions in damages from an engineering firm involved in the renovation and expansion project, New York-based Thornton Tomasetti. But it's possible the Indiana Supreme Court will be asked to review today's decision before any new trial can occur. * * *

[I]n one of two active appeals by the library, the Court of Appeals today ruled in the library's favor and reinstated a claim that Thornton Tomasetti breached the standard of professional care owed to the architectural firm, Woollen, Molzan and Partners.

"It is up to a jury to determine whether (Thornton Tomasetti) committed such a breach and the damages, if any, to which WMP may be entitled," the decision says.

The library is still awaiting word from the Indiana Supreme Court on its other appeal, which deals with whether to reinstate direct negligence claims against Thornton Tomasetti.

The case awaiting an opinion from the Supreme Court, Indianapolis Marion County Pub. Library v. Charlier Clark & Linard, P.C., argued Sept. 15, 2009, was listed (as "IMCPL ") in this post yesterday by the ILB of argued cases from 2009 awaiting opinions by the Supreme Court.

[Updated] Today's Star has this story by Jon Murray, headed "Ruling could help library recover money."

Posted by Marcia Oddi on June 29, 2010 07:45 AM
Posted to Ind. App.Ct. Decisions