Company designed and built a processing plant for the manufacture of an explosive chemical. Engineer was retained by Company to design a filter system for the processing plant. She prepared an application for a permit to build the plant’s filter system and submitted it to the state’s Department of Environmental Protection (DEP). As required by DEP regulations, Engineer submitted a blueprint to the DEP with the application for permit. The blueprint showed the entire facility and was signed and sealed by her as a licensed professional engineer.
After the project was completed, a portion of the processing plant exploded, injuring Plaintiff. During discovery in an action by Plaintiff against Engineer, it was established that the explosion was caused by a design defect in the processing plant that was unrelated to the filter system designed by Engineer.
In that action, will Plaintiff prevail?
A. Yes, if Engineer signed, sealed, and submitted a blueprint that showed the design defect.
B. Yes, because all of the plant’s designer are jointly and severally liable for the defect.
C. No, because Engineer owed no duty to Plaintiff to prevent the particular risk of harm.
D. No, if Engineer was an independent contractor.
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