by

In Successfully Locating A Business, zoning and land use expert witness John J. Wallace writes on a retailer’s biggest challenge:

As customers move through a center, whether on foot or by car, the repeated exposure to signage provides a form of advertising. A concentrated shopping area can generate a sense of activity and critical retail mass that initially attracts people, then keeps them coming back.

Consider that it is almost impossible for small stores to operate successfully from second floors, half-floors, subfloors or any other spot out of the retail line of sight, and without frontage to the flow of shoppers. Second floors only work when the anchor tenants have entrances on that level to generate shopper traffic. Otherwise, upper levels generally provide very poor retail locations. Some center owners solve the problem by turning second story retail space into offices or professional personal service establishments. Others have encouraged ground floor tenants to expand upward and include another story, while retaining a ground floor entrance.

Continue reading

by

In Use of a Legal Nurse Nurse Consultant in Client Interviews, medical insurance expert witness Ms. Kathy G. Ferrell, BS, RN, LNCC writes:

Nurses learn communication and interviewing strategies as part of their basic interpersonal and assessment skills in the first semester of training. It is a basic skill that nurses use on each patient admission (or visit to the physician in his office); on each day the patient is in the hospital and even at the beginning of each nursing shift on each hospitalized patient. We are skilled in active listening and the subsequent collection of critical data.

The rapport established between the plaintiff and the attorney and/or staff at the initial interview may have far reaching consequences in terms of the accuracy and completeness of information obtained. Plaintiffs need to believe that the attorney and staff are advocates, working on their behalf, in order to maintain a trusting and amenable relationship. During the initial interview the legal nurse consultant can:

Continue reading

by

Poultry production in the Illinois River watershed multiplied over the past half-century, a scientist testified Thursday in Oklahoma’s pollution lawsuit against the Arkansas poultry industry. Companies went from producing about 12 million birds in 1950 to about 152 million in 2002, said J. Berton Fisher, one of Oklahoma’s expert witnesses.

Oklahoma is suing 11 poultry producers, including Tyson Poultry Inc., Tyson Chicken Inc., Cobb-Vantress Inc., Cargill Turkey Production LLC, George’s Inc., George’s Farms Inc., Peterson Farms Inc. and Simmons Foods Inc., accusing them of polluting the one million-acre watershed with bird waste. Pollution expert witness Fisher also testified about how the watershed’s hills, thin soils and rocky, porous terrain allowed contaminants to seep into streams and groundwater. For decades, farmers have used chicken litter as a cheap fertilizer to grow other crops. Oklahoma argues runoff from those fields contains bacteria that threatens the health of people who fish and raft in the watershed each year.

Excerpted from www.newstin.com.

by

When hiring an annuities expert witness, it may be a good idea to study the appropriate terminology. The Annuities Institute offers an extensive list of annuity terms including:

Annuity An annuity is a contract issued by a life insurance company that provides for tax deferral of investment income until withdrawn from the contract. An annuity can also be referred to as a contract or agreement by which one receives fixed payments on an investment for a lifetime or for a specified number of years.

Deferred Annuities (Tax Deferred)

Continue reading

by

In Air Rage, aviation expert witness Capt. Bob Norris writes:

The significant increase in load factors experienced over the last 10 years have given rise to considerable overcrowding, which for some individuals causes aggression, and deep frustration, and a propensity toward air rage. Most airlines have cut back on amenities like meals, boarding passes, and even leg room, so people who normally never cause a problem may feel compelled to lash out in frustration. As I fly as a coach passenger in the B-757 I feel like I am in a cattle car, wedged in the middle seat between two larger than normal size individuals, unable to move. When the person in the seat in front of me slams back their seat to recline, I am jammed in the gut by my computer. Standing in line with only three blue-rooms, unable to pass in the aisle when the food carts are in use is enough to cause frustration too most passengers. As the airlines try and fill all seats, the crowding conditions will continue and only exacerbate the already unacceptable situation.

The airlines deport thousands of illegal immigrants each year. Many are a high risk because they have been indicated for criminal acts and not escorted by armed INS agents. These individuals are being sent back against their will and none to happy about it. On a flight from Los Angeles to El Salvador two-dozen criminal immigrants were on board, just out of jail. Several stole liquor from the service cart and became drunk; a 12-year-old girl was inappropriately touched by one of the men. Additionally, some of these deportees have contagious diseases that are common to their areas and can affect other passengers.

Continue reading

by

In Acoustic Signal Analysis For Forensic Applications, acoustics expert witnesses Durand Begault and Christopher Peltier write:

Acoustical analysis of audio signals is important in many legal contexts for determining the authenticity, originality, and continuity of recorded media; determining the circumstances of events in question that may have been recorded; for determining the audibility of signals; and for identification or elimination of talkers as a match to an unknown exemplar.

Recorded media are analyzed in forensic applications using both familiar techniques (waveform and spectral analyses) and more novel methods (e.g., ferro fluid development of media; specialized tape heads with nonstandard reproduction characteristics; crystal microscopy; detection and matching to power grid frequencies). Audibility analyses frequently require careful reconstructive field measurements and criteria in excess of normally accepted standards. Voice identification-elimination protocols must account for examiner bias and exemplar quality and can be described using a receiver operator curve (ROC) model.

by

In Medical Malpractice Overview, medical expert witness Eugene DeBlasio writes on failure to treat or erroneous treatment:

The most common way in which doctors are negligent by failing to treat a medical condition is when they “dismiss” the presenting symptoms as temporary, minor, or otherwise not worthy of treatment. This situation may result in an exacerbation of the underlying condition or injury, causing further harm or injury. For example only, an undiagnosed splinter or chip in a broken bone may result in the lodging of a piece of bone in soft tissue or internal bleeding caused by the sharp edge of the splintered bone.

Erroneous treatment is most likely to occur as a result of a misdiagnosis. However, a doctor who has correctly diagnosed a disease or condition may nonetheless fail to properly treat it. Other times, negligence is the result of a doctor attempting a “novel” treatment that fails, when in fact a more conventional treatment would have been successful.

Continue reading

by

In Successfully Locating A Business, zoning and land use expert witness John J. Wallace writes on a retailer’s biggest challenge:

California’s innovative shopping centers are home to many retailing firsts — and today they are home to many first-time retailers. This new breed of store owner tends to be strong on operations, such as merchandising and service, and weak on business experience. Thus, they often run afoul of retail fundamentals — particularly site selection.

Locating a retail store in today’s centers has become more subtle and complex, but it remains the single most important factor in a merchant’s success. Even for established and successful retail chains, location typically accounts for more than 90 percent of the variation in performance among outlets.

Continue reading

by

In Using A LNC As A Expert Fact Witness, medical insurance expert witness Ms. Kathy G. Ferrell, BS, RN, LNCC writes:

Although treating physicians have an understanding of the care given to a patient, they seldom have the time to read a medical record from start to finish. Even if requested to do so by the attorney, the demands on a physician’s time prevent him from having the needed hours to read a medical record and provide the attorney with a detailed report of the care given to a patient. Even if the physician was able to perform this service, the cost would be prohibitive for many plaintiff or defense attorneys.

Family members are often acutely aware of the care received by the patient, but have no knowledge of its significance and are unable to explain the reasons for such care to a judge or jury. On the other hand, the legal nurse consultant (LNC) has the special knowledge, training and skill to educate the triers of fact about the care given to a patient as documented in the medical record. This can be extremely important in very complex and lengthy medical cases. The LNC serving as a fact witness does not express opinions about the quality of care or the treatment given, but educates the judge and jury on the care given and the patient’s response to this care.

Continue reading

by

In Negotiating and Settling Insurance Bad Faith Cases , insurance expert witness Guy O. Kornblum of GK Consultants, LLC, writes:

Insurance bad faith cases offer an early opportunity for resolution for several reasons. First of all, they are expensive to prepare and try. Capturing the case early, evaluating the damages, and looking at the down the line costs should motivate both sides to review the case to see if mediation at an early stage is prudent. Second, insurance bad faith cases present a unique opportunity for an early evaluation. If there are coverage issues, they can be evaluated by reviewing the policy provisions and the applicable law. Because there is already a “paper trail” called a “claims file,” there is an excellent source of information for preparing a chronology of claims handling and learning what was done and why. Once the pertinent files are obtained, you should have considerable information about the claims handling, and the reasoning, or lack of such, behind it.

The pertinent insurance company files can be obtained and reviewed early in the case. This may include underwriting and claims files as well as industry and company manuals as a means for evaluating how the claim was handled – that is, what was done and why. The client and client representatives, such as brokers should be interviewed and files obtained for review. On the defense side, the company personnel should be interviewed to determine the basis for underwriting and claims decisions.

Continue reading