Attorney obtained a dismissal of a wrongful death action filed against an engineering firm performing construction engineering inspections on an Interstate roadway project for a state’s Department of Transportation

Attorney obtained a dismissal of a wrongful death action filed against an engineering firm performing construction engineering inspections on an Interstate roadway project for a state’s Department of Transportation. Citing the state’s statutory law re: immunity of State agencies and agency law as applied to the engineering firm, the defense argued that the client was entitled to complete immunity and suit against the Department of Transportation was the sole remedy afforded claimant.  In a second claim by the decedents Personal Representative on the same project, a dismissal was obtained after Summary Judgment was filed asserting that the second insured, an engineering firm that prepared the Technical Special Provisions for the project, was not legally or factually liable for the injury and death of decedent.