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Statutory immunity releases design firm in roadway project negligence case

The design firm in a design-build interstate highway widening project was brought into lawsuits by plaintiffs who were involved in a multi-car accident in a section of the highway that had been part of the project. The construction firm was also sued. The plaintiffs claimed the negligent design created a bottleneck causing or contributing to the wreck, despite the fact that a drunk driver started the chain of events.

Waller moved to dismiss the claims based on a statutory immunity for designers/engineers on TDOT roadway projects. The soundness of the argument enabled Waller to obtain an early and favorable settlement so that the client was able to avoid protracted and expensive, fact-intensive litigation.

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Jeff Smith
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