Legal Opinion · Dissent

Associated Industrial Contractors, Inc. v. Fleming Engineering, Inc.

Court of Appeals of North Carolina

Decided February 3, 2004No. COA02-1720Published

1DissentEagles, Chief Judge

Because the plaintiff failed to establish the standard of care required to be exercised by a land surveyor, I respectfully dissent.

A land surveyor “does not... undertake to insure the correctness of his findings,” 11 Am. Jur. Proof of Facts 2d 405; rather, a surveyor is only “required to exercise that degree of care which a surveyor or civil engineer of ordinary skill and prudence would exercise under similar circumstances . . . .” Davidson and Jones, Inc. v. County of New Hanover, 41 N.C. App. 661, 668, 255 S.E.2d 580, 585, disc. review denied, 298 N.C. 295, 259 S.E.2d 911 (1979). It is…

2Cases cited6 opinions

  1. Davidson & Jones, Inc. v. County of New HanoverCourt of Appeals of North Carolina · 1979
  2. Delta Environmental Consultants of North Carolina, Inc. v. Wysong & Miles Co.Court of Appeals of North Carolina · 1999
  3. Bailey v. JonesCourt of Appeals of North Carolina · 1993
  4. DANIEL, MANN, JOHNSON, ETC. v. Hilton HotelsNevada Supreme Court · 1982
  5. Paragon Engineering, Inc. v. RhodesSupreme Court of Alabama · 1984

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