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Motion to Dismiss Granted for Geotechnical Engineering Corporation for Failure to File Statutory Expert Affidavit

August 19, 2008

Brent Meyer obtained a dismissal of all claims assessed against a geotechnical engineering corporation related to a retaining wall. The plaintiff alleged negligence, breach of contract and indemnity against the geotechnical client for failing to adequately perform soil testing, failed to use appropriate materials and failed to properly oversee the construction of the wall. Brent successfully argued that the above allegations were professional services and a statutorily-mandated expert affidavit was required to be filed with the Complaint. The court agreed, granted the geotechnical client’s motion, and dismissed all claims against the client.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.