Macdonald Devin wins summary judgment and subsequent appeal for government utilities operator

John Kenefick, Bryan Rutherford, and Jason Jung all contributed to winning an appeal before a three-judge panel for the Court of Appeals in the First District of Texas.  Two residences in Houston, Texas were damaged after heavy rainfall in 2015 caused a failure to the water distribution system. The client was a contractor that operated the equipment owned by the local Water Control District. The trial court granted summary judgment because the Plaintiffs failed to designate experts to provide evidence that the client failed to act as a prudent operator of the equipment, or that the client caused the failure of the equipment. The Court of Appeals agreed, noting that specialized knowledge and techniques requiring expert opinions are necessary to develop an understanding of the specific cause of the pump failure.