Consulting-Specifying Engineer - September 2007 - (Page 45)

ations of fairness and policy” to decide to that the engineer should be liable. As for submittal review, while most worker claims against engineers for bodily injury arise out of the engineer’s activities at the site, plaintiffs have tried to hold engineers liable for bodily injury arising out of more traditional “design” activities like shop drawing. The case of Day v. National U.S. Radiator Corporation20 involved a subcontractor’s employee who died when a boiler exploded after the employee lit it to test its operation. The subcontractor had installed the boiler without the thermostatic control or the pressure and temperature relief valve that the plans and specifications required. The architect had approved a shop drawing, which the subcontractor’s supplier prepared, that showed only the components the supplier was going to provide. It did not show the required pressure relief valve. After a trial finding the architect liable to the deceased worker’s family, the Louisiana Court of Appeal affirmed.21 Editor’s Note: Next month, the author continues with a discussion of additional sources of liability and tips on how engineering firms can avoid it. Notes 1. Flattery v. Gregory, 397 Mass. 143, 489 N.E.2d 1257 (1986). 2. Craig v. Everett M. Brooks Co., 351 Mass. 497, 222 N.E.2d 752 (1967) 3. §552 of the Restatement (Second) of Torts 4. Ultramares Corp. v. Touche, Niven & Co., 255 NY 170 at 179, 174 NE 441 at 444, 74 ALR 1139 (1931). 5. Bily v. Arthur Young & Co., 3 Cal.4th 370 at 408, 11 Cal.Rptr.2d 51, 834, P 745 (1992) .2d 6. Sharon v. City of Newton, 437 Mass. 105, 769 N.E.2d 738 (2002). 7. Lundgren v. Freeman, 307 F.2d 104 (9th Cir., 1962). 8. Lundgren v. Freeman, 307 F.2d 104 at 117 (9th Cir., 1962). 9. Lundgren v. Freeman, 307 F.2d 104 at 119 (9th Cir., 1962). 10. Vojak v. Jensen, 161 N.W.2d 100 (Iowa, 1968) 11. AIA form B151-1997 §2.6.5. 12. Aliberti, LaRochelle & Hodson Eng. v. F.D.I.C., 844 F.Supp. 832 (Me., 1994). 13. Aliberti, LaRochelle at 845. 14. Aliberti, LaRochelle at 837. 15. Aliberti, LaRochelle at 844 citing Wildes v. Pens Unlimited Co., 389 A.2d 837 (Me., 1978) and Shine v. Dodge, 130 Me. 440, 444, 157 A. 318, 319 (1931). 16. Aliberti, LaRochelle at 844 citing Herrick v. State, 159 Me. 499, 503, 196 A.2d 101 (1963). 17. Young v. Eastern Engineering & Elevator Company, Inc., 554 A.2d 77 at 79, 381 Pa.Super. 428 (1989), appeal denied 569 A.2d 1369, 524 Pa. 611 (1989). 18. Carvalho v. Toll Brothers and Developers, 651 A.2d 492 (NJ Super. AD 1995), affirmed 143 N.J. 565, 675 A.2d 209 (N.J., 1996) 19. 143 N.J. 565 at 579, 675 A.2d 209 at 215 20. Day v. National U.S. Radiator Corporation, 128 So.2d 660, 241 La. 288 (1961). 21. Day v. National U.S. Radiator Corporation, 117 So.2d 104. Belden The Educated Choice Cable specifiers who are “in the know” always spec Belden cable for their education facility or campus installations. That’s because Belden cables are manufactured with uncompromising quality and are fieldproven for exceptional reliability. Belden also has one of the largest, most economical and innovative selections of cables in the marketplace today. Belden is truly the ‘big brand on campus,’ supplying Brilliance® analog and digital broadcast cables suitable for any audio or video need. This includes recent introductions such as Single and Dual Analog Audio cables for line level applications and a wide variety of High-res Component Video cables. Belden also offers a wide range of New Generation® sound, security and alarm cables — including surveillance/CCTV cables for both Fixed and PTZ cameras, Access Control cables for secured areas, ® and Safe-T-Line Circuit Integrity cables for fire evacuation situations. And, many Belden cables feature a number of installer-pleasing features such as sequential footage markings on the cable jacket and rip cords. So, make a truly educated choice – choose Belden. For more information, call Belden 1.800.BELDEN.1 Or, go to Belden’s Web site at: www.belden.com © 2006, Belden Inc. Input #226 at csemag.com/quickResponse Consulting-Specifying Engineer • SEPTEMBER, 2007 45 http://www.belden.com http://www.belden.com http://csemag.com/quickResponse

Table of Contents Feed for the Digital Edition of Consulting-Specifying Engineer - September 2007

Contents M/E Roundtable Cover Story: Airborne Superbugs Third-Party Liability Back to School Product Spotlight Codes & Standards Professional Practices How To New Products Jobs/Cliassifieds Specifier’s Notebook Pure Power Supplement New Technologies, Same Old Transmission Problems Wireless Battery Recharging Solar Concentration Renewables Tracking System A Mighty Wind The Importance of Load Bank Testing Quality Power for Security Systems

Consulting-Specifying Engineer - September 2007

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