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Aetna Insurance Co. v. Hellmuth, Obata & Kassabaum, Inc.

United States Court of Appeals for the Eight Circuit
392 F.2d 472 (1968)

Written by Mary Phelan D'Isa, JD

Facts

Architectural firm, Hellmuth, Obata & Kassabaum (Kassabaum) (defendant) was sued for professional negligence in supervising a construction project at the St. Louis Lambert airport. Specific allegations included failure to supervise the backfilling of a sewer ditch, failure to correct misaligned forms utilized in pouring concrete, and failure to account for the significance of a misaligned and crooked sewer pipe. There were also questions relating to the stress and strain and weight-bearing capacities of structural elements. The jury returned a verdict for Aetna Insurance Co. (plaintiff) and awarded $15,000 in damages. However, the trial court granted Kassabaum’s motions for judgment notwithstanding the verdict and, in the alternative, a new trial. Aetna appealed and asked for a remand for a new trial. Kassabaum alleged that Aetna failed to establish the standard of care owed by a supervising architect.

Rule of Law

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Issue

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Holding and Reasoning (Gibson, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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