Texas Justices Revive Home Damage Suit Against Engineers

Law360 (June 14, 2019, 4:39 PM EDT) -- A split Supreme Court of Texas on Friday upheld a state appellate court’s decision to revive a couple’s suit against a group of engineers who allegedly caused structural damage to their home after ruling the engineers waived their right to toss the suit based on an absent "certificate of merit.”

The six-justice majority ruled that in light of the engineers’ substantial participation in Paul and Kim Gosnell’s suit against them, despite the fact that a certificate of merit had not been filed in the case, the engineers had waived their right to move to dismiss the suit based on Section 150.002...

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