Florida Power & Light Company, a Florida Corporation v. Mid-Valley, Inc., a Texas Corporation, Brown & Root, Inc. And Graeme R. Poke

HANCOCK, District Judge:

This is an appeal from summary judgments in favor of defendants-appellees Brown & Root, Inc. (hereinafter Brown & Root) and one of its engineers, Graeme R. Poke (hereinafter Poke). The underlying action arose out of the October 1979 sudden collapse and failure of an embankment associated with a cooling water reservoir constructed in Martin, Florida. Mid-Valley, Inc. (hereinafter “Mid-Valley”), a wholly-owned subsidiary of Brown & Root, had contracted with Florida Power & Light Company (hereinafter FPL) for engineering design work and for resident engineering services…