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Hepler Broom attorneys to be congratulated for writing an amicus brief on behalf of defendants-appellants

In Thompson v. Gordon, Docket No. 110066, the Illinois Supreme Court today held that defendants did not breach a contract with a shopping mall to design a bridge and traffic interchange when their contract did not require them to design an improved median barrier, even though plaintiff's expert testified in an affidavit that they had breached the professional standard of care required of engineers by failing to design an improved median barrier. Writing for the Court, Justice Thomas held that the engineers' duty of care was defined by their contract, and the appellate court erred by relying on an affidavit to raise a question of fact as to whether the standard of care required the engineers to make improvements that were not required by the contract.