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Benchmark Engineering Corp. v. Sam Houston Race Park

This appeal involves construction of a statute in which the legislature prescribed the content of a certificate of merit or affidavit required to pursue a cause of action for negligence against architects or engineers. In its first issue, appellant contends the trial court erred by denying its motion to dismiss for want of jurisdiction because appellee failed to include the factual basis for professional-negligence claims in its certificate of merit. The trial court could have reasonably concluded the engineer's affidavit contained a description of at least one negligent act, error or omission, and the factual basis for that claim. Therefore, the trial court did not abuse its discretion in concluding that the Park's certificate of merit satisfied the requirements of Texas Civil Practices and Remedies Code �150.002(a). Houston's 14th Court of Appeals, No. 14-08-01167-CV, 05-03-2010

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Affirmed and Opinion filed April 29, 2010.

OPINION

This appeal involves construction of a statute in which the legislature prescribed the content of a certificate of merit or affidavit required to pursue a cause of action for negligence against architects or engineers. See Tex. Civ. Prac. & Rem. Code § 150.001 et seq.*fn1 Appellant, Benchmark Engineering Corporation (“Benchmark”), contends the trial court erred by denying its motion to dismiss for want of jurisdiction because (1) appellee, Sam Houston Race Park (“the Park”), failed to include the factual basis for professional-negligence claims in its certificate of merit, and (2) the certificate of merit is supported by the affidavit of an engineer who is not qualified to render certain expert opinions. We affirm.

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