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Dave and Kathei Hendrickson have filed suit against Farmers Insurance Company of Oregon for denying them coverage when their four-level home cascaded down a hill into two other houses on Oct. 8. The Hendricksons allege in the $2 million complaint filed Dec. 10 in Multnomah County Circuit Court that Farmers has been “calculatingly malicious” in its refusal to pay for any damage resulting from the landslide.

According to homeowner’s insurance expert witnesses, “earth movement” is not typically covered by homeowner’s insurance and requires a rare extra policy. The Hendricksons claim in their suit that a Farmers Insurance agent told them when they bought a “Protector Plus Homeowners Package” that it would cover all eventualities, including earth movement.
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The Philadelphia firefighter’s union lost a bid to prevent closing seven fire companies targeted as part of Mayor Nutter’s response to the current budget crisis. Common Pleas Judge Gary DiVito yesterday ruled that Nutter could unilaterally make the cuts and said the union’s fire expert witness had not shown that eliminating five engine companies and two ladder companies would endanger firefighters or the public. DiVito also said that Local 22 of the International Association of Firefighters had failed to show that the cuts posed a threat to public safety. Philly.com also reports:

It was a much-needed victory for Nutter in his effort to close a five-year, $1 billion budget gap that he has warned is likely to grow. Nutter estimates that the fire closures would save $10.4 million annually… The firefighters requested an injunction earlier this month, arguing that Nutter was required to bargain with the union when it came to issues of firefighter safety.

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In Alternative Dispute Resolution in the Hospitality Industry hospitality expert witness Maurice Robinson writes:

With the increasing popularity of ADR in all areas of business, it was inevitable that the hospitality industry would take note of its advantages. With the escalating costs associated with litigation, organizations involved in the hospitality sector are increasingly recognizing that disputes that arise between parties may be reasonably, fairly and economically resolved through ADR. Hotel management and franchise agreements, for example, have frequently included arbitration and mediation provisions, but they generally have referred to standard rules and used third-party providers with little background in the industry.

Arbitrators and mediators have thus been brought into hospitality dispute resolution with little understanding of the history and dynamics of the sector. And while neutrality has generally been assured, there has been frustration associated with the frequent lack of understanding of the issues involved on the part of the key players in the process – the arbitrators and mediators.

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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.

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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…

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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.

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In The Role of a Forensic Psychiatrist in Legal Proceedings forensic psychiatry expert witness and Harvard Medical School Associate Clinical Professor Harold J. Bursztajn, M.D., writes on the kinds of determinations forensic psychiatrists make in criminal cases.

Although few defendants win a verdict of “not guilty by reason of insanity” (NGRI) in court, a larger number receive a stipulated NGRI on the basis of a forensic psychiatric evaluation. In an even wider range of cases, a defendant’s mental state can make a major difference as to whether a jury finds the necessary premeditation, or malice aforethought, to warrant conviction for (say) first-degree murder, as opposed to a lesser charge. The same considerations may be brought to bear in sentencing recommendations as well.

The forensic psychiatric consultation can also be a vital aid to determining whether a client is perjuring himself, or is competent to confess. For example, a schizophrenic man spent nine years in prison in Florida for a double murder to which he had made a false, coerced confession which an expert forensic psychiatric consultation could have revealed to be invalid. Last year my testimony helped win acquittal for a psychotically depressed man who had confessed to embezzling city funds that he had never taken.

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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.

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In The Role of a Forensic Psychiatrist in Legal Proceedings forensic psychiatry expert witness and Harvard Medical School Associate Clinical Professor Harold J. Bursztajn, M.D., writes on the kinds of determinations forensic psychiatrists make in civil proceedings.

Forensic psychiatrists are involved in a range of particularized competency determinations, including the competence to make wills, dispose of property, or refuse medical treatment. In custody disputes they may be called upon to assess how autonomous and authentic the expressed wishes of a child of a certain age can be. They evaluate and testify in cases of alleged emotional harm and Post-Traumatic Stress Disorder (PTSD). Here it is necessary to reach a deep understanding of the person’s life history, so as to identify prior experiences that may have created a special vulnerability to trauma (as opposed to prior impaired functioning), as well as to distinguish genuine trauma from faking, malingering, exaggerating, or misattributing.

Forensic psychiatrists are involved in worksite issues such as workers’ compensation, supervisory negligence, disability discrimination, and sexual harassment. On the environmental front, they are helping to define the limits of product liability and stress caused by fear of illness. They also are trained in the use of the psychological autopsy to determine cause of death.

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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.

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