In the Wicomico County Circuit Court, the City of Salisbury survived the first major challenge to its lawsuit against O'Brien & Gere, the engineering firm that designed the huge multi-million dollar upgrade to the Waste Water Treatment Plant that still does not work properly. Not surprisingly, a judge who does not reside locally -- Sidney Campen -- has been appointed to hear the case, with a jury if it goes to trial. After hearing argument, he denied the motion to dismiss the major (fraud, etc.) claims by the City. He also dismissed the motion by a co-defendant, Construction Dynamics Group, Inc. to dismiss the City's claim against it. It looks like the case will proceed to trial on all claims by the City.
To be sure, this does not mean that the City is going to prevail at the trial on all (or any) of its claims. And not yet considered by Judge Campen -- so we understand -- is a provision in the City's contract that limits the damages it can recover to just $1 Million. As the saying goes, "see you in court"!
Here is the official docket entry for today's proceedings:
| 08/17/2011 | |
| Open Court Proceeding / Hearing Held | |
| Case called for motions hearing. Counsel, Chris Mason, present on behalf of Plaintiff. Counsel, Christopher Hassell, present on behalf of Defendant, O'Brien & Gere Engineers, Inc. Counsel, Patirck Attridge, present on behalf of Defendant, Construction Dynamics Group, Inc. Plaintiff's Motion for Special Admission of Out of State Attorney under Rule 14 of the Rules Governing Admission to the Bar of Maryland; granted. Defendant, O'Brien & Gere Engineers, INC. Motion to Strike Plaintiff's Stipulation; dismissed, at request of Defendant's counsel. Defendant, Construction Dynamics Group, Inc.'s Motion to Dismiss, argued and denied. Defendant, O'Brien & Gere Engineers, Inc.'s Motion to Dismiss Counts 2,3, and 4; argued and denied. Plaintiff's Motion to Strike Defendant, Construction Dynamics Group, Inc.'s Reply; denied. Counsel to contact Assignment Office to schedule for trial. Sidney S. Campen, presiding. |
Posted at 5:25 PM.
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9 comments:
I'm amazed that the outside defendants didn't want retired Judge Wm. ("Bill") Simpson to hear the case. He's a former insurance defense attorney who eschews plaintiffs that try to pick pockets.
Don't know Judge Campen, but way too many circuit court judges refuse to throw out claims by government -- after all they are government employees too, with a humongous retirement paid by the taxpayers.
WBOC didn't cover this at all tonight. I could have missed all the sports and weather to hear some coverage on this case but as always I can rely on sbynews to bring us the facts.
Where was the city attorney in all of this???? His firm should not be billing the city for any of this because they signed off on the deal to begin with.
Chris Mason is a member of the city attorney's firm.
How did Wiber allow claims to be limited to $1 million on an $80 million WWTP. What an idiot, why is he still our city attorney?
6:01-
Judge Simpson was once in the same law firm as Paul Wilber.
Judge Campen is from Talbot County, where he practiced law for 40 years until appointed to the Circuit Court there in 2006. He retired in 2007 when he hit the mandatory age (70).
I know we're SICK of paying for this french eff-up!
Bottom line in all of this, somebody was paid off on this deal and the FBI needs to take a look!
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