The Legal System and The Law

NSPE Policy on Statutes of Repose

Added on September 15, 2017, information about a recent Kentucky Court of Appeals Decision
of great interest to all engineers and architects practicing in Kentucky.

In the video "Testing Water ... and Ethics", Jim Duffy ponders
whether he or Porter-Rodman could be sued
if they only reported some of the data, but not all.

The following Kentucky Court of Appeals decision clearly says YES!!

D.W. WILBURN, INC., Appellant v.
NO. 2015–CA–001254–MR

DECEMBER 22, 2016; 10:00 A.M.

Discretionary Review Denied by
Supreme Court April 19, 2017


This Case adopts Restatement Second Torts Section 552 (Information Negligently Supplied for the Guidance of Others)
In Kentucky. The Restatement Follows:

Restatement of the Law (2d): Torts American Law Institute § 552 Information Negligently Supplied for the Guidance of Others

(1) One who, in the course of his business, profession or employment, or in any other  transaction in which he has a pecuniary interest, supplies false information for the guidance of  others in their business transactions, is subject to liability for pecuniary loss caused to them by their justifiable reliance upon the information, if he fails to exercise reasonable care or competence in obtaining or co mmunicating the information.

(2) Except as stated in Subsection (3), the liability stated in Subsection (1) is limited to loss suffered

(a) by the person or one of a limited group of persons for whose benefit and gui dance he intends to supply the information or knows that the recipient intends to supply it; and

(b) through reliance upon it in a tr ansaction that he intends the i nformation to influence or  knows that the recipient so intends or in a substantially similar transaction.

(3) The liability of one who is under a public duty t o give the information extends to loss suffered by any of the class of persons for whose benefit the duty is created, in any of the transactions in which it is intended to protect them.


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