Attorney obtained a motion for involuntary dismissal at the conclusion of plaintiff's case for extensive property damage to a hospital's basement level which included offices, equipment and medical records

Attorney obtained a motion for involuntary dismissal at the conclusion of plaintiff's case for extensive property damage to a hospital's basement level which included offices, equipment and medical records. Plaintiff alleged that defendant site engineer's site plan for storm water management had contributed to the flooding and that defendant was negligent in failing to have a permanent pump system installed in an exterior water retention manhole (pit). The facts and documents reflected that defendant was never requested to design the pit or to design any pumps until after the flood. Plaintiff's expert admitted on cross that the cause of the flood was the decision made not to install the pumps and had little to do with the piping designed by defendant. Although plaintiff argued that the hospital relied on the engineer in not installing the pumps, the evidence reflected that the hospital had made the decision knowing they would need to monitor water levels in the pit and they may need to install a permanent pumping system in the future. The court dismissed the case.