This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Construction
Breach of Fiduciary Duty
Engineering Firm Negligence

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)

Paul A. Lax


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.


#121037

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390