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Negligence Claim Dismissed for Engineering Firm Client

January 8, 2013

A resident of a condominium building brought a negligence claim against a professional engineering firm that provided mechanical engineering services for the building. Brent Meyer filed a Motion to Dismiss on the basis that the Plaintiff failed to file the statutorily required expert affidavit. In response, the Plaintiff sought to voluntarily dismiss the engineering firm without consent of all parties or court order. A voluntary dismissal would have allowed the Plaintiff to re-file her claim against the firm. Brent argued that the Plaintiff could not dismiss voluntarily without consent of all parties and sought dismissal with prejudice through the Motion to Dismiss. As a result, the Court dismissed with prejudice the claims brought by the Plaintiff for the failure to file the affidavit and the Plaintiff was barred from re-filing the claim. The dismissal resulted in the client avoiding substantial costs related to discovery and motions.

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