Articles Posted in Expert Witness News

In SECURITY: By Design And Decree security expert witness Robert A. Gardner, CPP, writes on security ordinances:

Establishing liability depends in large part on the foreseeability of a specific kind of criminal attack and the amount of control the negligent party exercised over the circumstances and conditions under which the crime occurred. By citing the standards prescribed in Building Security Codes, it may be possible to demonstrate that a minimum level of security is always necessary. This is true even when no specific crime threat has been identified. The pervasive nature of crime in America presents an undeniable threat to virtually everyone. While the exact time and circumstances of criminal attacks cannot usually be predicted, it may be reasonable to forecast that a particular type of crime will occur at a given location within a definable time period.

Security Codes and Environmental Design Standards impose a duty on property developers, owners and managers to provide at least a minimum level of protection for those who enter and occupy their properties. The protective measures required will vary with the type and use of the property. But, in every instance, there will be basic preventative measures identified to address the kinds of crime that can be reasonably expected to occur. If adequate consideration has not been given to security, and/or applicable security codes have not been followed, then the stage is set for a claim of negligence should a criminal attack take place.

In Moving On Their Own Ahmed K. Noor, mechanical engineering expert and Director of the Center for Advanced Engineering Environments, writes on mobile robots:

Military and security organizations use robots to assist in dangerous situations. In space exploration, robots have been used as planetary probes, orbiters, and rovers. Robots have a significant role in medical and health care fields-helping surgeons achieve more precision in the operating room, and performing safer, less-invasive surgeries.

We are now entering a new age of robotics. Increasing computing power and AI advances are making robots considerably more useful, and rapidly expanding their fields of application. Above all, robots are becoming ever more reliable and autonomous. Indeed, networks of intelligent, autonomous robots promise to become the next disruptive technology…

In SECURITY: By Design And Decree security expert witness Robert A. Gardner, CPP, writes on security ordinances:
The Uniform Building Security Code, published by the International Conference of Building Officials, is another source of security standards for residential dwellings. This code, like the CCPOA Model Building Security Code, sets minimum standards for physical security and provides tests to ensure that the standards have been met.

Regardless of a security code’s exact origin and form, if based on accepted security standards, it can be useful in supporting – or defending against – claims of negligence. Even where security codes are not in force, the basic theories of “Crime Prevention Through Environmental Design” and the existence of Building Security Codes in neighboring jurisdictions can often be used to demonstrate the need for, and reasonableness of, security measures.

In SECURITY: By Design And Decree security expert witness Robert A. Gardner, CPP, writes on security ordinances:

To ensure that security and crime prevention considerations are included in new construction and remodeling projects, a growing number of city and county governments have adopted minimum security standards as part of their local building codes. Generally where these standards exist, they are subjected to the same inspection and review process as any other building code requirement. Compliance must be shown before building permits can be obtained or certificates of occupancy issued. Although these codes are primarily applicable during the design and construction process, many also place requirements and restrictions on the continuing use of buildings and property after construction. Building Security Codes can apply to all building types and most land uses.

While specific wording may vary somewhat among jurisdictions, the requirements of these codes are generally similar. One reason for this similarity is the fact that many jurisdictions have adopted security ordinances based on Model Building Security Codes such as the one developed by the California Crime Prevention Officers Association (CCPOA). This organization was an early proponent of “Crime Prevention Through Environmental Design” and Building Security Codes. It is a pioneer in the crime prevention field and has, through its members, been instrumental in the development of many of the crime prevention programs in use today.

In Fire Experts: Times Have Changed, explosions expert witness Robert L. Rowe, CFI/PI, writes:

In today’s litigious society, much more is required to prove guilt or negligence when fires occur. A fire expert must be able to make a determination as to why a fire (or explosion) has occurred and report their findings and recommendations using the aforementioned “Scientific” methodology. This includes, recognizing the problem, defining the problem, collecting data, analyzing the data, developing a hypothesis and finally proving the hypothesis.

Gone are the days of gut feelings and “hand me down” theories as to how fires start and spread. The role of a fire expert nowadays most often involves much more. Therefore it is essential that fire experts are familiar with and follow the guidelines of NFPA 921 to insure that each investigation is conducted in a consistent manner and that all aspects of a given fire scene are properly evaluated.

In The Attitude “Alarm Clock” wrongful termination expert witness Charles Conine writes on hiring and motivating employees.

Hoping that they will succeed we provide them the tools — and we wait. We wait for the new hire’s skills to sharpen, her mind to focus solely on the task at hand. Sometimes it does, and we reward the effort. When her mind wanders, we remind her that “this is work, you know; you can daydream later.” Sometimes this works, and sometimes it doesn’t. That’s when we bring out the big guns: “Keep up like this, and you will be out of a job,” we say, knowing that only some employees will hear, let alone care about this admonition. Others will not hear or not care. Some are so impertinent they simply walk off the job which may seem an attractive alternative to hearing the words “you’re fired…”

All great performers possess an attitude “alarm clock”. They know when it’s time to add effort and when to let others take the lead… Can we teach employees to possess an attitude “alarm clock?” The subject of much debate, this is. What is very clear, however, is that great attitudes are catchy, and where one resides, others will follow.

In Managing Construction Quality, construction safety expert witness Pete Fowler provides:

SOME QUICK DEFINITIONS

• Scope of Work: Written documents, usually based on the plans and specs, which identify or clarify the project definition. These documents are attached to prime and trade contracts to establish who is doing what. In theory, the “Scope” for the prime contractor should include everything being sold to the owner, and all the trade contractor “scopes” in aggregate should include everything in the prime scope, less the GC’s self-performed work.

In Basic Characteristics And “Life” of Residential Mortgage Loans mortgages expert witness J. F. “Chip” Morrow writes:

Secondary market investors are Government-Sponsored Enterprises (GSEs), private conduits, or investors who purchase mortgage-backed, long-term investment instruments made up of pooled individual residential mortgage loans.

Loan administrator/servicer is an institution servicing and acting for the benefit of ultimate investors regarding the mortgage loans. Functions include collection of payments for borrowers, customer service, advancing funds for delinquent loans, and taking defaulting properties through the foreclosure process. For example, a borrower would go to a mortgage broker who would take an application and process the loan request by collecting all the other necessary information from the borrower. Then the mortgage broker would send the application along with the information he collected from the borrower to the mortgage banker, which would then underwrite the loan utilizing the three “C”s ─ collateral, capacity, character. After a complete underwriting and approval including PMI insurance, if the LTV is greater than 80 percent, the funder (in most cases the same as the underwriter) would then fund and close the mortgage loan. At this point the mortgage banker would either retain the loan for its own portfolio or sell the loan to secondary market investors, such as Fannie Mae or Freddie Mac.

In WHAT A TANGLED WEB WE WEAVE, medical expert witness C. Paul Sinkhorn, MD, FACOG, writes that with the internet, patients have the opportunity to become experts on certain diseases, particularly their own. Tom Ferguson, editor of The Ferguson Report: The Newsletter of Online Health, observes, “A doctor may have a working knowledge of 50 conditions and be able to treat, with some consultation, another 200. A patient only needs to know about one.”

We will be challenged to keep up with our patients’ questions like never before. Sometimes I am relentlessly cross-examined by these Internet-empowered patients. While pleased that they take responsibility for their health care, and remembering the intoxication of newly acquired wisdom, I deplore pop knowledge masquerading as legitimate medical tenet. Internet armed patients’ cutting-edge knowledge creates loftier expectations. Every attorney with Internet access can research all relevant medical literature on a potential medical malpractice case in less than an hour, including multiple medical expert witnesses‘ opinions and immediate analysis of strengths and weaknesses. There’s nothing wrong with that, and medical expert witnesses should welcome better prepared.

In Basic Characteristics And “Life” of Residential Mortgage Loans mortgages expert witness J. F. “Chip” Morrow writes:

Private mortgage insurance (PMI) provider provides insurance protecting the mortgage investors against financial loss occasioned by a borrower defaulting on the mortgage loan. PMI insurance is required for any loan with a loan-to-value of higher than 80%. The PMI provider can either underwrite each loan itself or delegate this responsibility to the mortgage banker/underwriter. The PMI provider has no direct relationship with the borrower or the mortgage broker. The PMI provider relies on the mortgage banker who in turn relies on the mortgage broker for information for underwrite. In this instance, the underwriting of the PMI insurance underwriting was delegated to the mortgage banker, which further enhances the need for the PMI provider to be able to rely on the mortgage banker to ensure that the loan is properly underwritten.