Expert Witness Blog

In Mold, Housing and Wood, wood products experts at the Western Wood Products Association write:

Where is mold found in buildings?

The presence of molds in our everyday environment means they can grow anyplace under the proper conditions. In all cases, moisture is the essential element for mold growth in buildings. There are many potential sources for unwanted moisture in buildings. For example, improperly maintained air conditioning systems that create excessive condensation can be a breeding ground and distribution mechanism for mold particles.

In Driver Fatigue is the Number One Safety Issue in the Truck and Bus Industry, fatigue expert witness Dennis Wylie writes:

Fatigue causes cognitive impairments that affect vigilance, attention, perception, and decision making – processes that are crucial to safe driving. These objective, measurable cognitive fatigue effects can occur without any marked degree of prior physical exertion, and the driver may not be aware of these impairments. Another serious fatigue threat to safe driving is drowsiness – the tendency to fall asleep at the wheel. This is also a condition that drivers tend to underestimate (or to be totally unaware of) while it is actually happening to them. Circadian rhythm interacts powerfully with fatigue and sleep debt, and has a major impact on human error.

Driver fatigue is also partly a subjective experience (that is, one that the driver is aware of), characterized by lack of motivation, feelings of exhaustion, boredom, discomfort, and a disinclination to continue driving. These effects of fatigue can impair driving safety by impairing sustained attention and safe decision making.

Ergonomics expert witness John D. Lloyd, Ph.D., M.Erg.S., C.P.E., writes on Carpal Tunnel Syndrome (CTS):

First described by Sir James Paget in 1865, carpal tunnel syndrome (CTS) is the most common example of a nerve compression disorder. Other terms used to describe this disorder include: writer’s cramp, occupational neuritis, partial thenar atrophy, and median neuritis.

is caused by restriction of the median nerve as it passes through the carpal tunnel, an anatomic space in the wrist bound on the palmar side by the inelastic transverse carpal ligament and on the dorsal aspect by the carpal bones. The 10 structures that transverse the carpal tunnel include the four tendons of the flexor digitorum superficialis, the four tendons of the flexor digitorum profundus, the flexor pollicis longus and the median nerve.

Acoustics expert witness Angelo J. Campanella, P.E., Ph.D. FASAA describes how sound is measured:

A sound level meter (SLM) is the principal instrument for general noise measurement. The indication on a SLM (aside from weighting considerations) indicates the sound pressure, p, as a level referenced to 0.00002 Pa, calibrated on a decibel scale.

Sound Pressure Level = 20 x lg (p/0.00002) dB

Sales expert witness Glen Balzer is a widely published author on distributor and representative relationships and agreements, as well as sales organizations and commissions. Here he writes on traits of successful representative agreements.

Prepare for the future. Partnerships are born during a phase of euphoria. They develop during a phase of expansion and excitement. They mature during a long period of hard work. They unwind for a number of reasons, most of which are quite natural. Upon termination, both supplier and representative must be able to go about their own respective businesses. Spell out clearly the conditions under which either party may terminate the agreement and the responsibilities of both parties after notice of termination.

The supplier and representative must both have the ability to terminate the representative agreement for cause and convenience. Sometimes termination for cause achieves instant agreement between the parties, as in cases where the representative or supplier becomes insolvent. Getting both parties to agree that a particular cause is valid is often difficult. Gaining agreement as to which party is responsible for cause is routinely more difficult. Termination for convenience eliminates an avoidable and unnecessary argument.

In Know Who You Want To Sue, medical malpractice expert witnesses at Medical Opinions Associates write:

If you have a medical malpractice case and if you are looking for a medical expert to review and opine on the medical records, ask yourself a few questions that will save you time, effort, and money:

1) Who do I blame for the presumed medical negligence? In other words, whose errors of omission/commission led to the injury?

In his article Insurers: To Rescind Or Not to Rescind?, insurance agency expert witness Akos Swierkiewicz writes:

The square footage figures provided by the insured and its broker in the application was lower than the figure in the inspection report that was ordered by the insurer after it issued the policy. In asserting materiality, the insurer disregarded another inspection report subsequently ordered by the insured, which confirmed the original figures in the application for the policy.

Based on the above points, it was not reasonable for the insurer to rely on the square footage information provided by the insured, and the insurer’s contention that it did rely on the square footage data provided by the insured was questionable.