TDIndustries, Inc. v. Citicorp North America, Inc.
378 S.W.3d 1
Tex. App.2011Background
- This is an interlocutory appeal challenging the trial court’s denial of a motion to dismiss filed by TDIndustries, Inc. (TDI) in Citicorp North America, Inc.’s negligence suit.
- Citicorp sued multiple parties in Feb. 2009 over the installation/retrofit of complex machinery, including a fire-causing SCR exhaust scrubber on a generator.
- Citicorp alleged TDI owed a duty to exercise prudent care in installing the SCR and outlined several negligent acts related to inspection, backpressure verification, precautions, and testing.
- Citicorp amended its petition in 2009 without filing a certificate of merit for TDI; TDI moved to dismiss arguing certificate of merit was required for professional-engineering-related claims.
- Citicorp argued the backpressure testing/verification activities did not necessarily involve professional engineering services; discovery later acknowledged TDI denied engineering obligations.
- The trial court denied TDI’s motion; the court later held former section 150.002(a) required a certificate of merit for Citicorp’s claims against TDI, leading to this interlocutory appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 150.002(a) require a certificate of merit for Citicorp’s claims against TDI? | Citicorp | TDI | Yes; claims arise from provision of professional services by a licensed engineer. |
| Does discovery affect whether a certificate of merit is required? | Citicorp | TDI | No; determination must be based on pleadings at filing time. |
| Did the trial court abuse its discretion by denying dismissal? | Citicorp | TDI | Yes; the court should have dismissed for lack of a certificate of merit. |
Key Cases Cited
- Jernigan v. Langley, 195 S.W.3d 91 (Tex. 2006) (abuse-of-discretion standard for dismissal rulings)
- Palladian Bldg. Co., Inc. v. Nortex Found. Designs, Inc., 165 S.W.3d 430 (Tex.App.-Fort Worth 2005) (statutory construction and appellate review guidance)
- Cire v. Cummings, 134 S.W.3d 835 (Tex. 2004) (statutory interpretation and legal standards for governing law)
- Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (no discretion in determining the law or its application)
- Diversi-care Gen. Partner, Inc. v. Rubio, 185 S.W.3d 842 (Tex. 2005) (look to nature of claim to determine health-care liability-like requirements)
- Landreth v. Las Brisas Council of Co-Owners, Inc., 285 S.W.3d 492 (Tex.App.-Corpus Christi 2009) (analogous to medical expert-report framework for claim assessment)
- Williams v. Williams, 315 S.W.3d 102 (Tex.App.-Houston [1st Dist.] 2010) (engineering services scope considerations in certificate-of-merit context)