Greg Ziegler and Turner Field win dismissal for architectural firm under new Texas Certificate of Merit Statute
October 13, 2005
A Dallas-area architectural firm accused of negligently designing a restaurant was vindicated when an Erath County District Court dismissed the Plaintiff's claims with prejudice under the newly-enacted Texas Certificate of Merit Statute. The Plaintiff allegedly sustained severe injuries when the front door assembly of the restaurant's entrance collapsed and struck the Plaintiff from behind.
In addition to suing the architect of record, the Plaintiff filed claims against the restaurant franchisor, the restaurant owners, the general contractor and the sub-contractors of the structure. The architectural firm immediately filed a Motion to Dismiss based on the Texas Certificate of Merit Statute before incurring significant discovery expenses.
The trial court granted the Motion to Dismiss and entered an order dismissing the Plaintiff's claims against the architectural firm with prejudice on October 13, 2005 -- less than five months from the date suit was filed. The Plaintiff's claims against the other defendants remain pending.
The architectural firm was represented by Greg Ziegler and Turner Field of Macdonald Devin, P.C.