Expert Witness Blog

In Ceramic Tile & Stone Industry News tile expert witness Donato V. Pompo of Ceramic Tile And Stone Consultants writes on tile job problems:

#1 The substrate is the foundation of a ceramic tile or stone installation. When this foundation is unsuitable for whatever reason, then the products applied on top are automatically in jeopardy. Thankfully, remedies exist for correcting substrate problems, but it is important to first evaluate the substrate and take any corrective action as part of the floor preparation process.

#2 Compounded by the shortage of qualified installers, most ceramic tile and stone (Tile & Stone) floor failures are related to the lack of proper floor preparation. These floors are only as good as the substrate to which they are applied and the method of installation used. Substrate preparation, in turn, will determine whether a particular substrate is adequate for the intended use.

Accident reconstruction expert witness may opine on workplace safety, injury reconstruction, and related topics. In How To Fulfill Your Construction Safety Regulations, Construction Safety Blog writes:

Construction Safety Regulations are paramount in maintaining an accident-free construction site. If you fail to keep abreast of regulations, you not only run the risk of accidents occurring on and around your building works, but you face severe penalties whether you have an accident or not. We all work in a dangerous industry, and we have a unique awareness of the health and safety regulations dictated by the governments of the world. The trouble is that even a full knowledge of your skill and the problems encountered by building site workers may not be enough to save you when something goes wrong. Construction Safety Regulations are there to help you and those working with you, so it’s wise to follow them at all times.

Telemarketing expert witnesses may give opinions regarding call center agents, and computer telephony. Here, the Telemarketing Connections Newsletter writes on the FTC Telemarketing Sales Rule.

The FTC has reached a settlement with six defendants who marketed a credit card and failed to disclose that it could be used only to purchase items from a catalog operated by the defendants. FTC v. Low Pay, Inc., et al. The suit alleged that the defendants violated the Telemarketing Sales Rule by failing to disclose truthfully in a clear and conspicuous manner material limitations on use of the card as well as the total cost to receive goods or services sold.

The Federal Trade Commission has adopted changes to the Telemarketing Sales Rule setting forth rules for debt relief services. You should carefully review these new provisions if you intend to engage in debt relief solicitation or services.

In Chest Pain & Medical Malpractice, medical malpractice expert witness Barry Gustin, M.D. writes:

When a patient comes to an Emergency Room complaining of chest pain, the Emergency Physician is faced with complex and difficult decisions. The physician must decide whether a major diagnostic or therapeutic intervention should be used and then must decide whether the patient is to be admitted or sent home. choosing wrong may result in catastrophic consequences for the patient making the evaluation of chest pain on of the most challenging and studied presenting medical problems, from both the clinical and risk management point of view.

For attorneys involved in litigation concerning misdiagnosed chest pain, it is essential that the complexity of its evaluation be understood and appreciated.

Polymers expert witnesses may opine on conductive polymers, monomers, and related topics. Here the American Chemistry Council defines polymers:

A high-molecular-weight organic compound, natural or synthetic, whose structure can be represented by a repeated small unit, the monomer (e.g., polyethylene, rubber, cellulose). Synthetic polymers are formed by addition or condensation polymerization of monomers. If two or more different monomers are involved, a copolymer is obtained. Some polymers are elastomers, some plastics. (Plastics Engineering Handbook of the Society of the Plastics Industry, Inc., edited by Michael L. Berins, 1991).

In Financing Your Indoor Waterpark Resort in 2010, finance expert witness David J. Sangree, MAI, CPA, ISHC, and Eric B. Hansen, AIA, ISHC write:

Lender Characteristics If a lender is willing to initially consider your project, then there are several attributes that, if present, will help generate a potential positive lending decision.

Familiarity How well does your lender know the market in which your resort is operating?

In Testifying as an expert witness in computer crimes cases, Deb Shinder writes:

When we think about witness testimony, most of us think first of material fact witnesses (lay witnesses). These are persons who have first-hand knowledge of matters relating to a particular case. For example, if you as an IT professional observed child pornography on the computer of one of your users at work, you could testify to this as a material witness.

An expert witness, on the other hand, is not involved in the case at hand, but has special knowledge and expertise pertaining to the subject matter of the case. For example, if you are recognized as an expert in the subject of malicious software, you could testify as to whether and how a malware infection could cause illegal pornographic images to be downloaded to a person’s computer without his or her knowledge. A major difference between material fact witnesses and expert witnesses is that the former are not generally allowed to give opinions or draw conclusions, whereas experts are. Another difference is that expert witnesses are generally paid for their testimony (by the prosecution or defense, depending on the side for which they’re testifying).

In The Second Coming Of Healthcare Insurance, medical insurance expert witness Stephen George, MBA-HA, writes on Scheduled Medical Plans:

Scheduled Medical Plans, sometimes called MiniMed or Limited Medical Plans provide significant savings. The newest types of plans being sold segment coverage by cause of care like: Wellness, Sickness Only and Accident Only coverage. Many plans now limit hospital and diagnostic care by occurrence, confinement, per diems, and cause. Plans can be mixed and matched with Major Medical, Dental and Vision plans. They can also be combined with Discount Only plans that reduce the cost of non-emergency care. Limited Medical plans generally do not cover catastrophic risk, and are priced at 60%-90% off traditional coverage. Most Limited Medical / MiniMed / Scheduled Benefit Plans are designed to cover basic care and not catastrophic loss. Here in lies the problem for the uninformed buyer who has not taken the time to read the policy.

This reprint by permission of The Self-Insurer and The Self-Insurer’s Publishing Corp. as it appeared in the July, 2007 Edition.