Expert Witness Blog

Antiques, art, and collectibles appraisal expert witness Lisa M. Barnes is co-owner of Thomas Charles Editions, LLC. She answers the questions: Is an appraisal a legal document and what about the IRS?:

IS AN APPRAISAL A LEGAL DOCUMENT?
Yes! An appraisal by a qualified appraiser can act as a legal document in insurance settlements, divorces, estate proceedings and other matters involving personal property.

WHAT ABOUT THE INTERNAL REVENUE SERVICE?
The IRS requires verifiable documentation on the value of property donated to a non-profit organization. An appraisal in accordance with IRS regulations and guidelines provides you with the information needed to document your donation. Obtaining Insurance
A current appraisal is required for many insurance policies covering fine art, silver, decorative arts, and jewelry. An appraisal updated on a regular basis establishes the accurate replacement value of your personal property and protects you from financial losses caused by theft, fire and flood.

More to come from: http://rareart.net/index.html

Antiques, art, and collectibles appraisal expert witness Lisa M. Barnes is co-owner of Thomas Charles Editions, LLC. She describes the professional appraisal process:

An appraiser uses a variety of tools: reference works, online electronic databases, and historical documents; and may consult with additional specialists in the field. Based on the analysis of the research, the appraiser produces an appraisal report detailing the appropriate valuation of your personal property.

It is best to get an appraisal before you need one. You will need an appraisal for:

Informed Buying
Considering the purchase of an expensive items such as a painting or antique? An appraisal can assist you in making an informed purchase.

Estate Planning
An up-to-date appraisal attached to your will reassures your heirs, lawyers, and accountants and will save you money and assist in avoiding unpleasantness.

Obtaining Insurance
A current appraisal is required for many insurance policies covering fine art, silver, decorative arts, and jewelry. An appraisal updated on a regular basis establishes the accurate replacement value of your personal property and protects you from financial losses caused by theft, fire and flood.

More to come from: http://rareart.net/index.html

Antiques, art, and collectibles appraisal expert witness Lisa M. Barnes is co-owner of Thomas Charles Editions, LLC. She describes the professional appraisal process:

An appraiser uses a variety of tools: reference works, online electronic databases, and historical documents; and may consult with additional specialists in the field. Based on the analysis of the research, the appraiser produces an appraisal report detailing the appropriate valuation of your personal property.

It is best to get an appraisal before you need one. You will need an appraisal for:

Donations and Gifts - An appraisal allows you to knowledgeably plan your gifts and donations. In some cases a qualified appraisal is required for tax and other purposes.

Determining Your Net Worth
You may need to know your exact net worth in order to meet a business or investment need. The appraised value of your personal property - art, antiques, furniture, etc., - increases your total net worth through accurate documentation.

Division of Property
Your personal property may require division due to dissolution of marriage, bankruptcy or death. A current appraisal provides you with the necessary information and documentation to assure equitable distribution.

More to come from: http://rareart.net/index.html

There are several advantages to having your expert witness talk to the client directly. If your expert's opinions will be based on the client's observations and thoughts, the expert should meet and talk with that individual. For example, when the recollection of the plaintiff is crucial to the accident reconstruction expert witness's opinion, and the plaintiff's attorney fails to have his own expert meet the client, then the expert must rely on information the attorney gleaned at the deposition. If the expert only sees a summary of the client's statement or deposition, there is no opportunity for the expert to ask pertinent questions directly.

After having researched and hired your expert witness, expect to give them the original or copy of every significant writing on which their opinion will be based. For example, in a neurology medical malpractice case, the neurology expert witness should be provided with complete copies of all the plaintiff's medical records. While they may not have time to read all the records, the expert should be relied upon to determine which records are relevant. It may turn out that the expert finds relevant information in materials that the attorney believed to be of little value in his case.

Metallurgy expert witness Dr. R. Craig Jerner, Ph.D., PE, describes the metal failure analysis process:

The title, Metallurgical Failure Analysis, aptly describes the process, i.e., the analysis of a metal failure. In deference to my mechanical engineering friends, a metallurgist or metallurgical engineer is best equipped to analyze a metal failure. An accident or failure of a metal component, whether it is a simple consumer product such as a hammer or chisel, or a complex multi-component machine such as an airplane or a space shuttle, will normally not be a "simple" failure. Failures are normally complex. Often two, three or more separate but necessary circumstances or events are required to cause the failure or accident. Solving such a complex problem is much like solving a multi-piece jigsaw puzzle.

Guessing about a jigsaw puzzle picture from one or two puzzle pieces will usually lead you to a wrong conclusion. Guessing prematurely from one or two "facts" about the cause of a failure or accident will also usually lead to a wrong conclusion. A series of accident events and evidence will usually fit exactly with another set of events and evidence thereby allowing more of the true picture to be revealed.

A metallurgist's analysis of a metal failure may include many of the following: accident scene/site examination and documentation (including photo documentation), evidence preservation, library/standards/literature review, laboratory examination and testing, exemplar testing, engineering calculations, data and file analysis and synthesis, report preparation and expert witness testimony.

Accident investigation expert witness Dr. R. Craig Jerner, Ph.D., PE, also specializes in metal failure analysis which he defines here:

Metallurgical Failure Analysis is a scientific process in which a cracked or fractured piece or weld is analyzed to determine the cause of failure. The metallurgical failure analysis process involves cutting samples from fractured or cracked samples, conducting a microscopic examination of the fracture or crack, cutting, mounting and polishing samples for scanning electron microscopy (SEM), energy dispersive spectroscopy (EDS), microstructural examination, microhardness testing and profiling, chemical analysis, etc. The goal of the process is usually to ascertain why the component cracked or fractured, i.e., causation of the crack or failure.

Admiralty & maritime expert witness Henry S. Woods, III has this to say on causation of maritime accidents:

Maritime accidents of all stripes — great and small — occur in a wide range of circumstances and conditions. The common thread that is usually found in the proper investigation and analysis of these accidents is not a sudden or mysterious failure of a system or item of equipment. Nor is it the lack of a properly functioning system or item of equipment. With the exception of product/vessel defects, the common cause of most maritime accidents are aspects of human error and human factors. The most crucial of these are:

maintaining a proper lookout,
observing a safe speed,
preserving night vision,
following the maritime Rules of the Road,
adhering to proper right-of-way rules,
the timely interpretation of aural and visual data, and
maintaining a situational awareness.

In order for a vessel operator to successfully and safely perform such vessel operation tasks, he / she must possess and use normal aspects of memory, visual acuity, aural function, and human cognition. These are the most basic and important requirements of human performance in the various maritime operating environments.

Residential real estate expert witness Steve Cohen writes this on mold:

Most types of mold that are routinely encountered are not hazardous to healthy individuals. However, studies have shown that too much exposure to mold may cause or worsen conditions such as asthma, hay fever, or other allergies. Common symptoms of overexposure are cough, congestions, runny nose, eye irritation and aggravation of asthma. In those who are more vulnerable, more serious health effects such as fevers and breathing problems can also occur. Some molds produce chemicals called mycotoxins. Mycotoxins may cause illness in people who have sensitivity to them.

According to the EPA, "A major concern associated with exposure to biological pollutants is allergic reactions, which range from rhinitis, nasal congestion, conjunctival inflammation, and urticaria to asthma". The most effective way to control mold is to control moisture. It is recommended that humidity levels be reduced to 30-60% to reduce the possibility of mold growth.

Residential real estate expert witness Steve Cohen writes this on mold:

Mold (fungi) can be found indoors and outdoors and is present everywhere. Of the more than 100,000 species of mold, at least 1,000 species are common in the U.S. Some of the most commonly found species are Cladosporium, Penicillium, and Aspergillus.

Molds reproduce by producing tiny spores. The spores float through the indoor and outdoor air continuously. When spores land on a damp area indoors, they may begin growing and digesting the material they have landed on in order to survive. Molds can grow on a variety of materials, but the most common are wood, paper, carpet and food. When excessive moisture or water accumulates indoors, mold growth often occurs.

There is no practical way to eliminate mold spores from the environment. In fact, mold plays a vital role in breaking down moist decaying materials in nature. Health problems with mold can occur when it is present indoors and spores are inhaled by those with immune related sensitivity.

To read more, go to http://www.litigationbusters.com/

Neurology expert witness Michael I. Shevell, M.D writes in "The Pediatric Neurologist as Expert Witness with Particular Reference to Perinatal Asphyxia,"

The situation in which a pediatric neurologist is most likely to be requested to act as an expert is that of a child whose impairment and resulting disabilities and handicaps are the result of an alleged perinatal asphyxia secondary to obstetrical management. Within this setting, the expertise of a pediatric neurologist is focused on the following four main issues:

1. Causation and precise determination of etiology—is asphyxia the root cause for the child's observed disabilities?
2. The timing of the asphyxia—is it antenatal, perinatal (i.e., intrapartum) or postnatal in origin?
3. The precise description of the child's disabilities and handicaps.
4. The estimated life expectancy of the child/plaintiff."

The most common use of photographs in court are those that depict physical injuries, damage to automobiles, and the appearance of complex products and objects. While we are told that "the camera doe not lie," it is also true that photographs can present distorted images, so be watchful for photographic techniques that tend to distort reality. A photography expert witness can help you determine which photographs are accurate and therefore likely to be admissible into evidence. These expert witnesses can explain photographic techniques that can be used to distort the appearance of objects.

Former NYPD detective James M. Gannalo is a forensic firearms consultant, firearms and ballistics expert witness and President of Stria Consulting Group. Here he describes aspects of firearms identification:

3) Laser Trajectory Analysis of Bullet Paths - use of a portable scientific laser and inclinometer to determine the direction and angle of a bullet's flight. This method is also used to accurately determine the origin of a gunshot.

4) Gunshot Residue Distance Determination - creating and analyzing test specimens to illustrate the approximate distance a firearm was discharged from an individual. This test can produce crucial evidence when assessing the validity of witness statements.

5) Operability and Microscopic Report Review and Evaluation - professional review of case notes, case files and scientific reports relating to firearms operability and conclusions based on microscopic examination. This is also utilized as an assessment of methodology and procedures relating to established laboratory protocols.

Occupational and environmental health expert witness Dr. David Egilman is concerned about two cases of Parkinson's disease that he recently encountered in employees from one of the largest flavoring companies in the country. seattlepi.com writes:

It has been repeatedly documented that inhalation of vapors from diacetyl butter flavoring has destroy lungs of scores of workers at popcorn plants and in other industries involving flavoring agents...Egilman, who has served as an expert witness for many workers reportedly injured by exposure to diacetyl, says the Food and Drug Administration and the companies manufacturing, using and selling flavoring agents must be held accountable for exposing workers, and in some cases, the public, to toxic food additives that remain untested for adverse effects.

Former NYPD detective James M. Gannalo is a forensic firearms consultant, firearms and ballistics expert witness and President of Stria Consulting Group. He describes aspects of firearms identification:

1) Microscopic Analysis of Ballistic Evidence - visual assessment of firearm related toolmarks using a comparison microscope to evaluate an agreement or disagreement of class and individual characteristics. Bullets, bullet fragments, cartridge cases and live ammunition can be examined and evaluated using this scientific method.

2) Shooting Incident Reconstruction - use of precise measurements, digital imaging, bullet damage assessment and crime scene sketches to reconstruct shooting incidents. This can be used by both the prosecution and defense in cases where questions are raised as to the actual location of the person discharging a firearm or when witness statements fail to coincide with the physical evidence.

Insurance attorney and bad faith expert witness Steven Plitt is the current author of Couch On Insurance 3d. His practice involves the analysis and litigation of complex insurance coverage claims in both the first-party property and third-party liability contexts. Plitt's firm website states:

A denial of coverage benefits results in litigation that includes claims for bad faith denial of benefits... Bad faith insurance defense involves high stakes cases and requires lawyers with substantial experience...In bad faith litigation, thorough preparation can make the difference between a win and a loss...We are extremely thorough in each aspect of each case, carefully arranging witnesses to be used at trial and preparing extensive chronologies of the pertinent facts in the context of the theme of our defense.

In What is a Physiatrist? Board Certified Physiatrist and Independent Medical Examiner J. William Wellborn, M.D, tells us that a physiatrist (fiz eye' a trist) is a medical doctor who after medical school attends a 3-4 year residency in Physical Medicine and Rehabilitation. Physiatry is a non-surgical specialty treating musculoskeletal and neurological conditions. Wellborn, an independent medical examinations expert witness, also writes:

Physiatrists treat a variety of medical conditions and injuries including catastrophic injuries such as spinal cord injury, traumatic brain injury and amputations....Physiatrists may treat sports injuries, occupational injuries and many conditions involving the spine. Their expertise often allows patients to avoid surgery. They are frequently asked by other physicians to perform electrodiagnostic studies (EMG / NCS) to evaluate such conditions as carpal tunnel syndrome, pinched nerves in the neck and back and other nerve and muscle conditions. They may also treat chronic pain syndrome and provide therapeutic injections to the spine and extremities.

For more, see http://www.physmedexpert.com/index.htm.

Plastics expert witness Dr. George Pasternack has this to say on coatings for web form plastic films:

The rapid cure speed of UV curable coatings has enabled manufacturers of CDs and DVDs to maximize manufacturing line speed (~ 3 to 4 seconds per unit). Two different types of UV materials are used in the manufacture of CDs. First, a UV abrasion resistant clear coat is spin coated onto the metal reflective layer. The protected metallized surface is then screen printed with a UV curable ink. In the case of DVDs, a UV curable adhesive is used to bind the protective polycarbonate layer to the metallized polycarbonate layer. The viscosity of the CD clear coat varies between 10 to 100 cps at 25o C, and the viscosity of DVD adhesives is less than 1,000 cps at 25o C.

Dr. George Pasternack, paints and coatings expert witness, writes this on safe handling of UV/EB curable coatings:

Acrylates are considered to be skin irritants and skin sensitizers. Therefore, as with any other liquid chemical, it is important to prevent skin and eye contact when handling UV/EB curable coatings. Wearing chemical resistant gloves, safety glasses or goggles, and a work uniform or protective apron are required to safely handle UV/EB curable coatings. Clothing soiled with acrylates should be removed immediately to prevent skin contact. Washing hands routinely with lukewarm water and a mild soap is also advisable to remove any undetected acrylate that may have come with the skin. Depending upon the situation, wearing a plastic bootie over shoes may be advisable. The skin and eye irritation and sensitization hazards are eliminated once the coating is fully cured. Instructing employees in the safe handling of UV/EB curable coatings should be part of an employee-training program.

When hiring an aviation expert witness, look for one who can provide litigation and legal support in the domain that fits your case's fact pattern. AeroPacific Consulting breaks down general aviation into the areas of :

Aerobatics
Accident investigation and reconstruction
Aeronautical judgment and decision-making
Aircraft loss of control
Aircraft system-subsystem/failure analysis
Airline operations
Airline safety management
Airline transport pilot
Airmanship
Airworthiness
ATC procedures
Cockpit automation
Commercial flight operations
CVR/FDR interpretation and analysis
Controlled flight into terrain (CFIT)
Evaluation of deposition and documentation analysis
Expert testimony
FAA regulations
Failure analysis
Flight dynamics/aerodynamics
Human factors
Legal research
Litigation support
Medical qualification and certificates
NTSB report analysis
Pilot error
Pilot/crew performance
Pilot/crew "standard of care"
Pilot hiring practices and employment issues
Pilot salary review and estimation
Pilot/crew training
Product liability
Research and case preparation analysis
Terrain collision and avoidance system (TCAS)
Weather/meteorological factors
Witness interviews