Change of venue hearing in jail lawsuit scheduled

By BRAD KELLAR
Herald-Banner Staff

GREENVILLE July 06, 2009 12:59 am

— It will be late next month before a state district judge decides whether proceedings in a lawsuit against the structural engineer who worked on the construction of the Hunt County Criminal Justice Center will be moved to another county.
Judge Joe Leonard with the 196th District Court has scheduled a hearing for Aug. 25 to hear arguments concerning motions from attorneys for Frank W. Neal & Associates Incorporated seeking a change in venue, due to the Herald-Banner’s extensive coverage of the difficulties with the jail.
Meanwhile, the architects on the jail project were formally dismissed this past week from the suit.
A general denial on behalf of Frank W. Neal & Associates and a motion requesting the change of venue were filed with the court June 5. Leonard scheduled the hearing regarding the change of venue on June 16.
In May, the Hunt County Commissioners Court agreed to a $770,000 settlement with Burns Architecture Incorporated, the architects involved with the construction of the jail, although the suit remains pending against Frank W. Neal & Associates.
Leonard approved the dismissal of the portion of the suit against Burns Architecture last Tuesday, June 30.
Hunt County formally filed suit against the two Fort Worth firms in January, accusing the engineers and architects of failing to adhere to warnings the structure was being built on unstable soil. The county was seeking up to $10 million in damages.
The attorneys for Frank W. Neal & Associates allege the problems with the jail have been so heavily publicized in the Herald-Banner that the company cannot receive a fair trial in Hunt County.