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Testa and Schwenker Prevail on Motion to Dismiss Design Professional Client

January 2, 2019

Wendy Testa (Partner-Philadelphia) and Pete Schwenker (Associate-Philadelphia) prevailed on a motion to dismiss a joinder complaint against an architectural firm client, pursuant to an affidavit of non-involvement in the Philadelphia Court of Common Pleas. In a construction case involving significant personal injuries, the underlying plaintiff filed suit against the property owner, developer and several contractors after he fell approximately nine feet into a hole when the ground beneath him collapsed. The property owner and developer filed a joinder complaint against firm client, an architectural firm that provided design services for the preconstruction phase of the subject project.

Based on evidence of the client’s non-involvement during the relevant time frame as well as favorable contractual language regarding the client’s lack of duty to provide for safety at the job site, Judge Shelley Robins-New granted our motion to dismiss with prejudice all claims and cross-claims against our client. The successful motion spared the client significant defense fees and costs related to fact and expert discovery as well as protracted litigation.

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