Aetna Casualty & Surety Co. v. Leo A. Daly Co.

MEMORANDUM OPINION

BENNETT, District Judge.

I.PROCEDURAL BACKGROUND.

II.FINDINGS OF FACT.

A. The Incident.

B. Contract Provisions And Roles Of The Parties

C. The Design And Construction Process .

D. Post-Incident Condition.

E. Expert Testimony.

III. ANALYSIS .

A. Elements Of A Negligence Cause Of Action ..

B. Duty.

1. Duty To Provide Adequate Designs.

2. Duty To Supervise Or Inspect.

S. Duty To Instmct.

i. Duty To Build Adequately .

C. Causation.

IV. CONCLUSION.

Plaintiff insurer of racetrack facilities brought this lawsuit against the defendant architect who designed the racetrack facilities for damages…