· 9/9/2022

TMS Contracting, LLC v. SmithGroup JJR, INC.

Syllabus

The general contractor on a park and marina project brought a professional negligence action against the engineering firm that designed the project and administered the construction contract. The jury returned a verdict for the general contractor. And the trial court approved the verdict. On appeal, the engineering firm argues that it is entitled to a new trial. It contends that: (1) the jury verdict must be set aside because it is irreconcilably inconsistent (2) the general contractor's expert witness was not qualified to testify on the engineering standard of care (3) and there is no material evidence to support the jury's findings as to liability or delay damages. Discerning no reversible error, we affirm.

Judges: Judge W. Neal McBrayer

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