Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Waltman v. Engineering Plus, Inc.

Supreme Court of Mississippi

March 7, 2019

GEORGE WALTMAN AND LIBERTY MUTUAL INSURANCE COMPANY
v.
ENGINEERING PLUS, INC.

          DATE OF JUDGMENT: 11/16/2017

          LAUDERDALE COUNTY CIRCUIT COURT HON. LESTER F. WILLIAMSON, JR.

          ATTORNEYS FOR APPELLANTS JAMES A. WILLIAMS LINDSEY BLACKWELL HARRIS

          ATTORNEYS FOR APPELLEE ROBERT A. MILLER MARGARET Z. SMITH KATHLEEN I. CARRINGTON

          BEFORE KITCHENS AND KING, P.JJ., AND COLEMAN, J.

          KITCHENS, PRESIDING JUSTICE.

         ¶1. In 2013, Lauderdale County contracted with Norman Enterprises, Inc., a roofing company, to repair the roof of the Ulmer Building in Meridian, Mississippi. George Waltman, an employee of Norman Enterprises, fell through the roof while performing work. Waltman sued Engineering Plus, Inc., the project engineer, claiming it should have warned him of the dangerous condition of the roof. Engineering Plus moved for summary judgment, arguing it had no duty to warn Waltman. The Lauderdale County Circuit Court agreed and granted summary judgment to Engineering Plus. We affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. In the summer of 2012, the Lauderdale County Board of Supervisors sought to replace the roofs of several county-owned buildings. A representative of the Board contacted Terrell Temple, an engineer and the president of Engineering Plus, to hire Temple's company as the project engineer for the Ulmer Building and Mount Barton School roof-repair projects in Meridian, Mississippi. Engineering Plus prepared the project details, the contract documents, and the bid paperwork to facilitate the Board's hiring a general contractor. Those documents set forth the scope of the projects and the responsibilities of the general contractor.

         ¶3. In February 2013, Lauderdale County advertised for bids using the documents prepared by Engineering Plus. Norman Enterprises submitted a bid, which the county accepted. On March 18, 2013, Lauderdale County entered into a contract that incorporated the bid details, with Norman Enterprises as the general contractor for the Ulmer Building project.

         ¶4. George Waltman, an employee of Norman Enterprises, worked on the Ulmer Building project. After Norman Enterprises had received the notice to proceed with the project, Waltman went to the Ulmer Building on July 23, 2013, to begin removing debris from the roof in preparation for the repairs. Within minutes of arriving at the site, Waltman stepped onto a deteriorated area of the roof and fell through, suffering injuries.

         5. Waltman sued the project engineer, Engineering Plus, claiming that it knew of the dangerous condition of the roof and should have warned him. Engineering Plus filed a motion for summary judgment on the basis that it had no contractual or common law duty to warn Norman Enterprises's employees of the condition of the roof. The circuit court agreed with Engineering Plus.

         ¶6. On November 16, 2017, the circuit court entered a memorandum opinion and order in which it granted Engineering Plus's motion for summary judgment and dismissed the cause. Waltman appealed.

         STANDARD ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.