The design firm in a design-build interstate highway widening project, as well as the construction firm involved, were sued by plaintiffs who hydroplaned in a section of the highway that had been part of the project. The plaintiffs claimed over $300,000 in damages and also claimed the accident effectively ended one plaintiffs’ college football career.
The lawsuit was one of many other lawsuits citing negligent design and construction related to that particular highway widening project.
Rather than answer the factual allegations in the complaint, Waller moved to dismiss the claims for the defendants based on a statutory immunity for designers/engineers on TDOT roadway projects. Though the judge did not grant the motion, the soundness of the argument enabled Waller to obtain an early and favorable settlement so that the defendant was able to avoid protracted and expensive, fact-intensive litigation.
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