Poor Wall Design Or Not, Architect Wasn't Liable For A Public Nuisance

Friday, April 27, 2018 3:21 am
May 2018 - Volume 46 Number 5

An architect who designed a wall didn’t have control over that wall and thus wasn’t liable, under a public nuisance theory, for injuries sustained by a man who fell from it.

Facts: Gregg Fisk fell off a retaining wall owned by the Town of Redding, Connecticut. Fisk was injured by the fall, and he sued the firm that designed the wall, BL Companies, Inc. (BL). Fisk alleged that the wall constituted a public nuisance because it did not have protective fencing. BL moved for summary judgment, arguing that it could not be liable to Fisk under a public nuisance theory because the un[..]