Expert Witness Blog

In After the Storm…(but before the cleanup starts) arborist expert witness Russell E. Carlson, RCA, BCMA, writes:

As a consulting arborist, I have been called on many cases long after the trees have been cut up and hauled away, and asked to reconstruct the “scene of the crime.” When there is just a bare patch of soil and a 10-year old picture of the bottom part of the tree, it is difficult, if not impossible, to determine why a tree failed, or what it may have been worth. Sometimes it isn’t even known who removed the tree. You may be called on to perform or help with the investigation. This kind of record keeping can make the process much easier.

By documenting the case before the tree is removed, you may be saving your customer a lot of headaches, and a lot of trouble. You may be saving them a lot of money, too. The time it takes to investigate a tree damage case can actually decrease as more information is available, and the results are more accurate and defensible. So take a few minutes to make some notes, take some pictures, and properly document the damaged tree. The time you spend will be well worth it to your client. Make this a routine part of your service for your customers, and they will be glad they hired you as their arborist.

Insurance carriers expert witness Alan F. Shirek, AFS Risk Consulting International, advises on the obligations of Insurance industry custom and practice. He writes:

Unfortunately, errors and omissions are not the sole purview of the agent or broker. Often, it is the carrier that has erred in its duty to the insured. The relationships between and among the placing agent or broker, the insurance carrier or carriers, both primary and excess, and the expectations of the insured party are sometimes in conflict. In such cases, testimony as to the customary practices within the insurance industry can assist in the resolution of disagreements between the parties.

Trucking accidents expert witnesses may write reports and testify on crashworthiness, truck maintenance, hours of service, and associated matters. In The Large Truck Crash Causation Study, the Federal Motor Carrier Safety Administration Office of Research and Analysis reports:

Coding Crash Causation Variables

Many variables were coded from the hundreds of data elements collected on each crash. Three key variables were coded for assessing crash risk:

Risk management expert witness Alan F. Shirek, AFS Risk Consulting International, advises on the obligations of employed producers to their firms with respect to “non-compete” and “non-piracy” agreements. In Obligations of employed producers, Shirek writes:

Unfortunately, a contract that appeared clear to both parties when signed becomes less than clear when a dispute arises. Furthermore, the wording of many producer contracts is in direct contradiction to the laws of the state in which the contract was executed. Producer contracts often come into focus when a producer accepts a new offer of employment. In many cases, the former employer desires compensation or attempts to enforce non-compete or anti-piracy wording in the contract.

Producer compensation – Again, while the intent of the parties appeared clear when the contract was executed, those intentions may change subsequently. Practice may differ from contractual terms. Contractual terms may be verbally or informally amended for a period of time before one part or another seeks to enforce the terms of the contract as written.

Disability insurance expert witnesses may testify on disability income insurance, disability and insurance claims, among other topics. The International Disability Insurance Society website offers a glossary for disability insurance which includes definitions such as:

Entire Contract Clause A provision in a group insurance contract stating that the insurance policy, the policy owner’s application that is attached to the policy, and any individual applications of any insured person constitute the entire insurance contact.

Entity Plan The type of buy-out plan in which the business itself, a separate entity is paid the disability benefits under a disability buy sell agreement.

Greg Applegate, ASCA, Arborgate Consulting, Inc., describes the types of assignments he receives as a arboriculture expert witness:

Diagnostics: Shigometer, starch tests, penetrometer, root investigation, and site evaluation.

Hazard Evaluation: Risk analysis (current methods) defect identification and investigation. Decay, root health and branch attachment investigation. Abatement options explored.

Federal motor vehicle safety standards expert witnesses may opine on safety performance requirements for motor vehicles, motor vehicle equipment, and related topics. In The Large Truck Crash Causation Study, the Federal Motor Carrier Safety Administration Office of Research and Analysis reports on:

Critical Events

Three major types of critical events were assigned to large trucks:

In After the Storm…(but before the cleanup starts) tree expert witness Russell E. Carlson, RCA, BCMA, writes:

What are the details? Start at the beginning, with the species of tree. Then measure the trunk at 4.5 feet above the ground level. Take either the diameter or the circumference — just indicate which you used. Check the tree for its condition — look for signs of decay, especially if it was visible before the damage occurred. Look for insect or disease damage. You don’t have to be an expert at this, just record if there is some type of damage from a pest, and describe that damage.

Next, write down details of where the tree was located. This includes where on a property it stood, how far from structures, etc. A simple site sketch will help. If the tree damaged other things when it fell, make note of the type and extent of damage. Include other landscape plants and hardscape features that were damaged or destroyed, especially if they will be removed with the tree. If vehicles were involved, indicate where they traveled, and where they came to rest. Also list the names of anyone who worked on the cleanup: this may be critical to a later investigation.