Baker Sterchi recently achieved a favorable result for their engineering design professional client in a million-dollar-plus property damage dispute pending in Greene County, Missouri. The case involved an insurance company plaintiff seeking to hold their client accountable for damages resulting from a brick façade detachment incident at a luxury apartment complex. This incident caused extensive damage to the apartments when bricks fell through the roof and ceiling. The fallen bricks also destroyed several RTUs (roof top units).
On behalf of our client, we filed a summary judgment motion which aimed to dismiss all counts against them, asserting the absence of any controverted material fact, which meant no duty was owed by our client to the plaintiff. Specifically, we argued that the plaintiff had not factually pled the existence of a recognized duty, and based on the admitted facts, the plaintiff could not establish a legally recognized duty owed by their client. The summary judgment motion was filed before any significant discovery had occurred, saving the client costs.
On July 27, 2023, rather than respond to the summary judgment motion, the plaintiff voluntarily dismissed the case.