Tepper v. Alan Noelle Engineering CA2/6
Steven and Noriko Tepper (the Teppers) brought this action against the architect and an electrical engineer on a theater remodeling project. They contend that batteries installed in an office emitted toxic gases that damaged Steven Tepper’s lungs. The trial court granted both defendants summary judgment under the “completed and accepted” doctrine. The doctrine releases design professionals from liability for patent defects once the construction is completed and accepted by the building’s owner. The trial court also granted the engineer summary judgment on the ground that he owed no duty to the Teppers. We reverse. The defendants failed to show the defect was patent as a matter of law, and the engineer failed to show it owed no duty to the Teppers.
Comments on Tepper v. Alan Noelle Engineering CA2/6