United States Fifth Circuit

Summary judgment for defendant-project engineer on a negligence claim brought by a surety to recover for payments it made in connection with the correction of a contractor's defective work, which had been inspected and approved by defendant, is reversed where: 1) the surety should have been permitted to stand in the shoes of a district for purposes of the suit; 2) an exculpatory clause does not shield defendant from liability; 3) a genuine issue of material fact existed as to whether or not defendant breached its inspection and payment duties; and 4) the economic loss rule did not shield defendant from liability.

Appellate Information

• Decided 01/03/2007
• Published 01/04/2007

Judges

• EDITH BROWN CLEMENT, Circuit Judge:, Before HIGGINBOTHAM, DENNIS and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Thomas Craig Anderson, Balch & Bingham, Gulfport, MS, John W. Rourke (argued), Reinert & Rourke, St. Louis, MO, for Plaintiff-Appellant.


• For Appellees:
  
• James P. Streetman, III, Calvin Paige Herring (argued), Scott, Sullivan, Streetman & Fox, Ridgeland, MS, for Defendant-Appellee.