Severson & Werson Prevails for Structural Engineer in the Court of Appeal of The State of California

(Last updated October 22, 2007)

A team of Severson & Werson attorneys led by David A. Ericksen (the head of the Firm’s Construction Practice Group) and featuring Katherine Wadley and Daniel Ng, won a Judgment for a prominent structural engineering firm at the Trial Court level and argued successfully to have the Judgment upheld by the California First District Court of Appeal on October 5, 2007.

Severson & Werson represents the structural engineering firm, which was one of the many subconsultants hired by Perini Corporation (“Perini”) to assist them in design and construction of a residence hall and guest center for The San Francisco State University (“SFSU”) Campus in 1988. SFSU brought an action against Perini and others in June 1999, alleging defects in the design and construction of the building project. Perini in turn filed a Cross-Complaint against its subconsultants excluding Severson’s client. After Perini had settled its case with SFSU and dismissed its action against the other cross-defendants, it sought to revive and amend its Cross-Complaint to assert claims against the structural engineer and others. Severson’s attorneys effectively argued that Perini should not have been allowed leave to file its Third Amended Cross-Complaint after it had already dismissed its case. The Trial Court ruled in favor of Severson and its engineering client.

Perini then filed an appeal with the California First District Court of Appeal. The Court of Appeal upheld the Trial Court’s decision in its unpublished Opinion. The Court of Appeal stated that the Trial Court did not abuse its discretion in deciding Perini could not amend the Cross-Complaint to belatedly name the structural engineer. The judgment was affirmed. Severson’s diligent defense team saved the engineer and its insurance carrier from a possible verdict of $5.5M.