Morrison Seifert Murphy, Inc. v. Zion
2012 Tex. App. LEXIS 7265
| Tex. App. | 2012Background
- Zion sustained injuries from a clear, unmarked glass wall and sued the building owners.
- Zion amended to add Morrison Seifert Murphy (MSM) for negligent architectural interior design.
- Texas § 150.002 requires a certificate of merit from a licensed architect when professional services are involved.
- Zion’s initial certificate of merit was Drebelbis’s affidavit; MSM moved to dismiss arguing deficiencies.
- Trial court denied MSM’s motion; MSM appealed the denial as interlocutory.
- Court analyzes whether Drebelbis’s affidavit satisfied § 150.002 and whether the supplemental affidavit was properly considered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Drebelbis’s qualifications | Zion: Drebelbis qualified in MSM’s area. | MSM: must show sub-specialty within architecture. | Drebelbis knowledgeable in area; issue against MSM. |
| Necessity of a stated standard of care | Zion: affidavit need not recite a standard of care. | MSM: standard-of-care must be stated. | Certificate need not recite a standard of care. |
| Factual basis for each theory of recovery | Zion: Drebelbis provided factual basis linking design to harm. | MSM: affidavit lacks factual basis and direct contract/ drawings knowledge. | Affidavit provided sufficient factual basis. |
| Consideration of supplemental affidavit | Zion: supplement may be considered if initial deficient. | MSM: trial court erred by considering supplement. | Court did not rule on supplement; issue not resolved on record. |
| Timeliness and preclusion by statute | Zion: supplement timely; limitations not triggered. | MSM: supplement filed late; claims barred. | No final ruling due to record; issues 4–5 not addressed. |
Key Cases Cited
- Benchmark Eng’g Corp. v. Sam Houston Race Park, 316 S.W.3d 41 (Tex.App.-Houston [14th Dist.] 2010) (affiant need not state standard of care; flat requirement not present)
- Landreth v. Las Brisas Council of Co-Owners, Inc., 285 S.W.3d 492 (Tex.App.-Corpus Christi 2009) (affiant must state practice area; sub-specialty discussed)
- Criterium-Farrell Eng’rs v. Owens, 248 S.W.3d 395 (Tex.App.-Beaumont 2008) (addresses standard-of-care requirement in COA context)
- Gammill v. Jack Williams Chevrolet, 972 S.W.2d 713 (Tex. 1998) (expert qualifications in product liability context)
- Broders v. Heise, 924 S.W.2d 148 (Tex. 1996) (knowledge, training, and experience needed for specific issues)
- Ustanik v. Nortex Found. Designs, Inc., 320 S.W.3d 409 (Tex.App.-Waco 2010) (statutory construction and application to § 150.002)