Court Upholds Ruling Over Dispute Concerning Sick Hospital
In mid-January, the Ohio Second Court of Appeals upheld a lower court ruling against NBBJ regarding a dispute between the architect and Miami Valley Hospital and its corporate arm devoted to the health-care sector, Premier Health Partners. In the suit, the hospital made no allegations of design negligence regarding the hospital's 12-story Heart Patient Tower, designed by NBBJ. At issue was the commercial general liability coverage under its contract with NBBJ. The dispute was triggered by an outbreak of Legionnaires' disease in 2011 at the then-new facility. One of the 11 patients infected died. In her decision, Judge Mary C. Donovan wrote that NBBJ was in breach of contract because the firm failed to procure commercial general liability insurance that protected NBBJ and the hospital from responsibility for "bodily injury caused by a biological agent or bacteria." NBBJ declined to comment because litigation may be pending.