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In It Takes More Than Common Sense, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

The primary purpose of expert witness testimony is to assist the trier of fact in understanding the evidence and/or determining a fact issue. A trial judge therefore has the duty and responsibility to ensure that an expert has specialized knowledge and their testimony will be applicable in assisting the trier of fact relevant to the case at hand.

The plaintiff in a recent Federal Maritime case alleged he tripped on a two-inch line on the vessel’s deck and sustained injuries. The plaintiff asserted an un-seaworthiness claim against defendant and sought damages for, among other things, lost earnings and impairment of his earning capacity.

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Accident investigation expert witnesses may provide reports concerning crash investigations, distracted drivers, and skid mark analysis. Statistics in the US suggest that distraction contributes to 16% of all fatal crashes. AAA tells us that drivers spend more than half their time focused on things other than driving, e.g. eating, attending to children, and music devices, etc. At Malman Law.com, personal injury lawyers write on how to prove texting and driving, including:

Even if a cautious cell phone user deletes their text messages, law enforcement officials can contact the user’s mobile service provider and view the timestamps for any text messages sent or received. Many auto accident lawyers have been able to use cell phone records to prove that a driver was using their phone during an accident.

Read more: http://www.malmanlaw.com/

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Demonstrative evidence expert witnesses may consult on courtroom exhibits, computer reconstruction, computer animation, forensic animation, and simulations. While demonstrative evidence is not real evidence, it illuminates the points being argued in court. In How to Build the Visual Foundation of Your Case, attorney Morgan Smith describes how to create simple yet effective graphics. Mr. Smith recently gave a presentation for the Melvin Belli seminar on trial practices, hosted by the Santa Clara County Trial Lawyers Association. He advises:

Start creating graphics to build the visual foundation of your case before the first depo is taken, so that you can go to depositions with a basic to-scale visual diagram of the incident scene. Then witnesses and experts can add in details.

Cogent Legal Blog, shares real-world advice about trial graphics, case presentations, legal tech and litigation strategy. “We blog to help attorneys make their case and manage their practice in the most effective and least stressful way possible. Who are we? Litigators like you.” Cogent Legal was voted “the best presentation provider” in Northern California for 2013 in The Recorder’s annual poll of law firms and legal services.

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DNA expert witness Dr. Mark W. Perlin testified in Beaver County, PA, in the 1979 cold case against Gregory Scott Hopkins. The murder case against Hopkins in the death of his girlfriend Catherine Janet Walsh was reopened due to modern DNA technology. Perlin testified regarding DNA evidence at the scene which connected Hopkins to her murder thirty years ago.

Dr. Perlin is CEO and Chief Scientific Officer at Cybergenetics, and the creator of the TrueAllele® technology. Cybergenetics interprets complex DNA evidence using computers to preserve information inherent in the data, and can extract identification information almost every time. DNA testing was originally developed as a method of determining paternity. It now plays a role in the criminal investigation process and is allowed in post-conviction DNA testing to exonerate those who may have been falsely sentenced.

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In Avoid This Expert Report Writing Error, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

As an experienced expert report writer and testifying expert I recommend that attorneys make sure their expert avoids this common expert report writing error.

It is vital that an expert investigate and study the evidence without predisposition. I often read the reports of other experts, in which I see a section labeled “Objective”. In this section I see statements such as:

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Juvenile justice system expert witness Paul DeMuro testified in a Polk County, FL, federal trial over the constitutional rights of juveniles at the Polk County jail and the conditions under which they are held. Representing the Southern Poverty Law Center in a class action suit, DeMuro described conditions at the jail, including the use of pepper spray and inadequate supervision. A security camera captured a young detainee being punched and kicked by fellow cellmates and then Polk County deputies spraying them with pepper spray.

Mr. DeMuro has over forty-one years experience working on juvenile justice and child welfare issues. He serves as a senior consultant to the Annie E. Casey Foundation and to the National Juvenile Detention Association.

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Firearms expert witness Bryce Linskey testified in the Danbury, CT, murder trial of Robert Bell. Bell is accused in the shooting death of his wife Svetlana Bell in their home in December 2012. Mr. Linsky, now with the armed school security provider Direct Contact Solution LLC, is a retired sergeant with the Bristol Police Department and served in the United States Marine Corps. He testified on firearms, reaction times, and other details of the shooting.

Firearms expert witnesses may testify regarding ammunition, ballistics, firearms, firearms design, and related matters.

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Attorney and accounting expert witness Michael Wagner testified last week in the lost profits case between Samsung and Apple. Apple is asking for $114M in lost profits over a touch screen feature. Yesterday Samsung asked Judge Lucy Koh to stop the retrial after the US PTO said an Apple patent might not be valid. The case is in jury deliberation. Samsung’s net sales in 2012 were $247.5B.

The US PTO offers Laws, Regulations, Policies & Procedures here: http://www.uspto.gov/patents/law/index.jsp

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In 3 Tips for Improving your Expert CV, Rosalie Hamilton, the leading authority on expert witness marketing and founder of Expert Communications, offers advice on the form and content of your CV including:

Read your CV as though you were reading someone else’s CV, with three or four others having been received from people with similar credentials and experience. What can you do to improve your CV, including making your expertise instantly recognizable?

Read more: Expert Communications.

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Transportation safety expert witnesses may provide reports regarding transportation brokering, bus & truck safety, highways, transportation engineering, and transportation infrastructure. On its website, the American Transportation Associations describes how technology is changing the trucking business:

The analysis and utilization of data is changing the driver, vehicle and operational landscape for those fleets that have discovered how to harness it. Transportation leaders are saving time and are able to streamline their operations using integrated technologies that are leading to safer, productive and more efficient operations. Fleet executives and managers need faster, more convenient access to reliable information to find efficiencies in order to survive or gain a competitive advantage.

Information on the ATA Executive Summit may be found at here.