Attorney obtained a no cause following a nine day jury trial on behalf of an engineering firm
Attorney obtained a no cause following a nine day jury trial on behalf of an engineering firm. Plaintiff, an over 55 adult community, brought an action against defendant concerning the design of the wastewater treatment system. Plaintiff claimed that defendant under designed a subsurface disposal bed, resulting in an alleged breakout in the northwest corner of the field. Defense attorney convinced the jury that the proximate cause of the condition was a subsequent change in the design of the initial sewage system undertaken by plaintiff to save costs. Furthermore, defense experts rebuffed plaintiff's expert opinion that subsurface geological conditions were ignored by defendant's design personnel. Defense experts further applied that plaintiff's change in defendant's design caused increase flows in excess of the permitted and design limit for the original subsurface disposal bed. The jury deliberated for one hour before returning a verdict for the defense.