Tachs Property Development v. Xinos
TACHS Property Development (TACHS) sued civil engineer Sydney Xinos for professional negligence in connection with a residential development project known as Reese Village. TACHS alleged Xinos was negligent in preparing grading and drainage plans, and in providing services relating to an off-site improvement plan and a land survey. Xinos represented himself at trial. On a general verdict, the jury found TACHS proved its negligence claim and that TACHS's damages were $80,567. Based on the jury's finding that Xinos was 83.5 percent responsible for these damages, the court entered a judgment against Xinos for $67,273.45 plus costs.
Xinos appeals, contending: (1) the court erred in failing to instruct the jury that Xinos had no duty of care to TACHS with respect to a 1998 grading and drainage plan; and (2) the court erred in refusing to permit him to testify as an expert. Court reject these contentions and affirm.
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