Carter & Burgess Inc. v. The City of Victorville, and Does 1 through 200
Published: Dec. 15, 2012 | Result Date: Nov. 9, 2012 | Filing Date: Jan. 1, 1900 |Case number: RIC503565 Settlement – $54,000,000
Court
Riverside Superior
Attorneys
Plaintiff
Glenn E. Turner III
(Gibbs Giden Locher Turner Senet & Wittbrodt LLP)
Victor F. Luke
(Gibbs Giden Locher Turner Senet & Wittbrodt LLP)
Marion T. Hack
(Pepper Hamilton LLP)
Defendant
Edward F. Morrison Jr.
(Morrison Law Group)
Facts
The City of Victorville filed suit against Carter & Burgess, after the Foxborough Cogeneration Power Plant failed. Carter & Burgess acted as the design engineer, owner's engineer and construction manager of the plant.
In a 2010 trial, Victorville was awarded $52.1 million when Carter & Burgess was found liable for professional negligence, negligent misrepresentation, breach of contract, breach of express warranty and breach of fiduciary duty. The jury found that Carter & Burgess negligently misrepresented key facts to the city that turned out to be untrue and which the city relied on to build Foxborough.
Carter & Burgess then moved to appeal the decision.
Result
The parties ultimately decided to settle the matter for $54 million.
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