[¶ 1] Keith Kallberg appeals from a judgment entered in the Superior Court (Knox County, Kravchuk, J.) on a jury verdict awarding damages to Seven Tree Manor, Inc. (Seven Tree) on its complaint against Kallberg. Kallberg contends the trial court erred in denying his renewed motion, pursuant to M.R.Civ.P. 50(b), for a judgment as a matter of law on the ground that it had not been established by expert testimony that he had breached the standard of care required of a professional engineer. We affirm the judgment.
[¶3] By its complaint against Kallberg, Seven Tree sought damages alleged to have been caused by Kallberg’s negligent supervision of the construction of the system. At the trial of this ease 1 the court denied Kall-berg’s motion for a judgment as a matter of law. The jury found that Kallberg had negligently supervised the construction of the septic system and awarded $10,000 in damages to Seven Tree. Following the entry of the judgment in favor of Seven Tree, the trial court, after a hearing, denied Kallberg’s renewed motion for a judgment as a matter of law, and Kallberg appeals.
[¶4] Kallberg contends the trial court erred by denying his motion for a judgment as a matter of law. He argues, as he did before the trial court, that the insufficiency of the evidence adduced at the trial by Seven Tree, including the testimony of its witness Albert Hodsdon, a licensed professional engineer, to establish the standard of care required of Kallberg in supervising the construction of the septic system and his breach of that standard, entitled him to a judgment in his favor as a matter of law. We disagree.
[¶5] In reviewing the trial court’s denial of Kallberg’s motion for a judgment as a matter of law, we view the evidence in the light most favorable to Seven Tree, in whose favor the jury verdict was returned, and the judgment must stand unless manifestly wrong.
Libby v. Concord General Mut. Ins.,
[¶6] A number
of
decades ago, we established the principle that when the negligence and harmful results are not sufficiently obvious as to be within common knowledge, expert evidence is essential to sustain an action for negligence against a physician or surgeon.
Cyr v. Giesen,
3. Practice of professional engineering. The term “practice of professional engineering” shall be held to mean any professional service, such as consultation, investigation, evaluation, planning, design or responsible supervision of construction in connection -with any public or private utilities, structures, buildings, machines, equipment, processes, works or projects, wherein the public welfare or the safeguarding of life, health or property is concerned or involved, when such professional service requires the application of engineering principles and data.
4. Professional engineer. The term “professional engineer” means a person who, by reason of a knowledge of mathematics, the physical sciences and the principles of engineering, acquired by professional education and practical experience, is qualified to engage in engineering practice as defined.
They also point to 32 M.R.S.A. §§ 1301-1361 (1988 & Supp.1996), providing for the establishment of the State Board of Registration for Professional Engineers and defining its powers and duties, and section 1256, providing, inter alia, that it is a Class E offense for a person to practice or attempt to practice professional engineering without being properly registered by the Board.
[¶ 7] We find the argument of the parties persuasive and, accordingly, conclude that the principle articulated in Cyr and Mitchell is also applicable to an action for negligence against a professional engineer.
[¶ 8] In the instant case the jury heard evidence that Kallberg was the designing engineer for the septic system to be installed at the nursing home. Seven Tree retained Kallberg to supervise the construction of the system. Kallberg never visited the construction site. Rather, he delegated this duty to Noel, who was not an engineer, had no training for supervising the construction of the system and testified it was not his duty to do so. He was not present when the leach fields were being covered. It was undisputed that the system failed because of damage to the biodiffusers in the course of the construction of the system.
[¶ 9] In viewing all the evidence in this case in favor of Seven Tree, as we must, we conclude that the trial court properly determined that the alleged negligence of Kall-berg and the harmful results are sufficiently obvious to be within common knowledge and properly denied Kallberg’s motion for a judgment in his favor as a matter of law.
The entry is:
Judgment affirmed.
Notes
. This case was consolidated with two other cases. No appeals have been taken from the other judgments entered following the trial of the consolidated cases.
