12/24/12 - No Cause for Engineering Malpractice
Akhtar v. Casey & Keller: A Morris County jury found on Nov. 8 that a Livingston engineering firm should not be held liable to buyers of a house that was structurally unsound, in part because of an improperly built retaining wall. Humayan and Yosria Akhtar had retained Casey & Keller to design a retaining wall at a home being built in Florham Park. Plans called for a 6-foot wall, but a 9-foot one was built, requiring more fabric material to strengthen it. The Akhtars alleged that the wall failed, affecting the house's structural integrity, and that Casey & Keller's letter certifying the wall was in good condition constituted malpractice. Casey & Keller's lawyer, Andrew Cimino of Hazlet's Cimino & Filippone, argued the wall was properly constructed and did not fail, and the house is buckling because it is on substandard soil. The jury found Casey & Keller did not deviate from accepted engineering standards. Plaintiff attorney Jay Rice of Nagel Rice in Roseland has filed a motion for a new trial with Superior Court Judge Rosemary Ramsey. Casey & Keller's insurance carrier is Travelers Ins. Co. In January 2011, Superior Court Judge W. Hunt Dumont awarded the Akhtars $7.1 million in their Consumer Fraud Act suit against the developer and others. The court also awarded $740,906 in legal fees and litigation costs.

Read More