Updike Kelly & Spellacy P.C. Attorneys Obtain Defense Verdict Following Jury Trial

Updike Kelly & Spellacy P.C. Attorneys Obtain Defense Verdict Following Jury Trial

UKS Principal, Richard Dighello, and Associate, Matthew Warden, recently obtained a defense verdict on behalf of their client – a structural engineer/special inspector – following a five-week jury trial in Waterbury Superior Court.

The Plaintiffs alleged, among other things, that UKS’s client (one of four defendants) in the consolidated litigation, breached its professional duty as it pertained to certain special inspections occurring throughout the construction of a retail store, thereby causing substantial damages to the Plaintiffs in the form of remedial repairs and lost profits.  The defense of the client was that while there may have been a duty to the Plaintiffs insofar as the client agreed to perform certain special inspections, the client in no way breached that duty nor did its actions cause any of the alleged damages. 

Specifically, Plaintiffs argued that the client did not comply with certain provisions of the Connecticut Building Code or the professional standard of care for the provision of engineering/special inspection services.  Through direct and cross examination of multiple fact and expert witnesses, Attorneys Dighello and Warden were able to establish that to the extent a duty was owed, Plaintiffs failed to prove a breach of the required standard of care, causation, or damages.  UKS’s client prevailed on claims of both professional negligence and negligence per se.

The Defendant’s verdict was especially compelling considering that the jury awarded the Plaintiffs substantial damages (amounting to approximately $17,000,000) as to the other defendants.

UKS Congratulates Attorneys Dighello and Warden for a job well done!