Dallas Court of Appeals Reverses Summary Judgment Against DART Contractor Based on Derivative Immunity Statute

August 31, 2006 in Case Summaries

Jeff Levinger represented Martin K. Eby Construction Company in a successful appeal
to reverse a summary judgment against Eby in its suit against LAN/STV, an architect and engineering firm.  Eby sued LAN/STV for negligent misrepresentations contained in construction plans for a DART rail project running from the West End to the American Airlines Center in Dallas.  The trial court granted summary judgment to LAN/STV based on a Texas statute providing immunity to certain independent contractors of  governmental entities like DART.  Although the U.S. Court of Appeals for the Fifth Circuit had previously sided with LAN/STV in a separate appeal involving another contractor, the Dallas Court of Appeals agreed with Eby’s interpretation of the derivative immunity statute and held that LAN/STV would be liable in tort to Eby to the same extent that DART would be liable in contract to Eby.  The court of appeals remanded the case for trial on the merits. Martin K. Eby Construction Co. v. LAN/STV, 205 S.W.3d 15 (Tex. App. — Dallas  2006, pet. denied).