MN: Engineering Malpractice Claim Can Proceed

Plaintiff sugar beet processor engaged engineering firm to design and build a storage facility. A "reclaimer" system designed by the defendant fell to the bottom of one of the silos and into the sugar triggering significant storage replacement expense and other damages. Suit was brought alleging, inter alia, engineering malpractice and breach of contract. Defendant sought summary judgment, contending the professional negligence claim was subsumed within the contract breach claim because the acts flowed from the contract. This defense was rejected in Southern Minn. Beet Sugar Co-op v. Agri Systems, 2019 WL 6873050 (D. Minn. Dec. 17, 2019). The court noted, "[p]rofessional negligence is an independent tort, under Minnesota law, for  which SMBSC can seek recovery. And, even without the enforcement of the  contractual obligations at issue here, a relationship between ASI and  SMBSC exists that creates the legal duty imposed under a professional standard of care."