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· 7/29/2010

Benchmark Engineering Corp. v. Sam Houston Race Park

Citations

  • 316 S.W.3d 41
  • 2010 WL 1709225

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that the statute’s plain meaning requires the affiant to describe the facts giving rise to. the claim
  • noting that “the trial court is not required to ignore the obvious” with regard to what constitutes engineering practice
  • contrasting statutory requirements for certificates of merit with standards governing admissibility of trial and summary-judgment evidence
  • disagreeing with Owens and holding certificate of merit need not incorporate or refer to a standard of care
  • interpreting 2005 version of section 150.002(a) and rejecting defendant’s argument that affiant was required to practice in engineering sub-specialty of “drainage and drainage design”
  • interpreting prior version of section 150.002, and holding that engineer did not need to practice in the “engineering sub-specialty” of “water resources”

Source: CourtListener parenthetical corpus (CC0).

Judges: Charles W. Seymore

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.