Expert Witness Blog

In Using Marketing, Business & Competitive Research to Win Cases, sales expert witness Don Smith writes that the keys to the selection and use of marketing research professionals include:

1. Define the hypothesis and the information required to win the case. This guides you in the selection of your researcher and keeps the research focused and affordable.

2. Define key words that define the background and experience you require from your researcher. Such fine-tuning is now possible through the use of ExpertLaw.com’s search capability.

Physics expert witness Louis A. Bloomfield, Professor of Physics at the University of Virginia, answers the question “What is the difference between spark ignition engines and diesel engines?”

Just before burning their fuels, both engines compress air inside a sealed cylinder. This compression process adds energy to the air and causes its temperature to skyrocket. In a spark ignition engine, the air that’s being compressed already contains fuel so this rising temperature is a potential problem. If the fuel and air ignite spontaneously, the engine will “knock” and won’t operate at maximum efficiency. The fuel and air mixture is expected to wait until it’s ignited at the proper instant by the spark plug. That’s why gasoline is formulated to resist ignition below a certain temperature. The higher the “octane” of the gasoline, the higher its certified ignition temperature. Virtually all modern cars operate properly with regular gasoline. Nonetheless, people frequently put high-octane (high-test or premium) gasoline in their cars under the mistaken impression that their cars will be better for it. If your car doesn’t knock significantly with regular gasoline, use regular gasoline.

A diesel engine doesn’t have spark ignition. Instead, it uses the high temperature caused by extreme compression to ignite its fuel. It compresses pure air to high temperature and pressure, and then injects fuel into this air. Timed to arrive at the proper instant, the fuel bursts into flames and burns quickly in the superheated compressed air. In contrast to gasoline, diesel fuel is formulated to ignite easily as soon as it enters hot air.

In Appellate Opinion On Expert Witness Financial Bias,John Bratt writes on the Court of Appeals of Maryland opinion addressing the extent to which expert witnesses who are retained solely for litigation may be forced to produce documentation of the amounts they earn providing expert witness services.

Without getting into the minutiae of the documents sought in the cases, it is pretty easy to summarize the Court of Appeals’ holding. Documents relevant to a retained expert witness’s economic interest are a proper subject of document discovery. Trial courts should carefully control the production, as to the relevant time period, and as to the scope of the material sought. Additionally, where this kind of material is ordered to be produced, trial courts should enter a confidentiality order protecting the material from re-disclosure. This ruling applies to “professional witnesses”, whom the court defined as physicians who are “paid to testify about someone who is not that physician’s patient under treatment….’

In Mold, Housing and Wood, wood products experts at the Western Wood Products Association write:

Fungi evolved over 400 million years ago (Sherwood-Pike, 1985) and references to mold in buildings suggest that molds have always been present in human environments. At present there is growing public concern about the potential health effects of mold in homes and structures that has been heightened by media reports and litigation.

There are a host of materials in and around the home that, under proper conditions, can become breeding grounds for mold. Molds can grow on organic materials such as drywall paper, wood panels, lumber and carpet backing. They may grow equally well on inorganic materials such as concrete, glass or plastics that may have nutrients on the surface. In all cases, the presence of moisture is a critical condition for the growth of mold.

Pesticides expert witness Allan Snyder; ACGIH, AIHA, SPCI, writes that there are more than 2,500 different types of termites in the world with the most common species being Drywood, Dampwood and Subterranean. Drywood termites:

• Drywood termites may infest dry, undecayed wood, including structural lumber, as well as dead utility poles, posts, and lumber in storage.

• Winged reproductives generally migrate to nearby buildings and other structures.

Risk management expert witness Alan F. Shirek describes the job of the risk manager:

Today’s “best in class” risk manager spends a very minor part of their time tweaking their insurance programs. They have gone beyond that stage. They spend time operating within the “retained risk” area and direct the process in which their employer assumes risk associated with their business model.

In dealing with their insurance programs, they spend up to 25% of their time dealing with their brokers or vendors, their insurance carriers and various claims professionals representing them or adverse parties.

In Truck/Tractor-trailer brakes and accident reconstruction, trucking expert witness
Robert Reed writes:

Large trucks and tractor-trailers with ABS anti-lock brakes involved in crashes and accidents have complex systems that must be identified and accounted for in reconstruction and causation issues. Misconception as to skid marks at scenes of crashes can be attributed to the truck/tractor-trailer involved by the police or the investigating agency. Upon investigation and inspection of truck/tractor-trailer it should be noted if the unit has ABS anti-lock brakes and if the system is working. This could change the investigation and reconstruction dramatically as to stopping distance and actions of trucks. ABS systems can apply and release the brakes 5 times a second to keep wheels from locking up and skidding. Numerous times skid marks are attributed to units that did not lock the brakes or skid the tires.

In his article Insurers: To Rescind Or Not to Rescind?, insurance agency expert witness Akos Swierkiewicz writes:

The insurer must have incontrovertible evidence to demonstrate that the fact obtained from the insured is false.

• Is the falsity material?

In A Forensic Psychologist’s Report In A Sexual Harassment, Hostile Work Environment And Retaliation Case forensic psychology expert witness Stephen Reich, Ph.D., writes on the criteria for Post Traumatic Stress Disorder from DSM-IV 309.81, Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, the American Psychiatric Association.

(A) The person has been exposed to a traumatic event in which both of the following were present:

1. the person experienced, and was confronted with an event or events that involved serious injury, or a threat to the physical integrity of self or others 2. the person’s response involved intense fear, helplessness, or horror

In Annuities for Dummies: A Buyers Guide, annuities expert witness Stephen George writes:
Carriers sell three types: Fixed, Indexed-Linked, and Variable. Fixed and Equity Indexed annuities guarantee no risk of loss if held to term. Variable annuities do have market risk. Indexed-Linked annuities guarantee minimum interest, plus index growth participation. Variable Annuities do not guarantee minimum interest or principal safety, but generally offer higher returns than Fixed or Indexed-Linked annuities. Annuities require tying principal up for a certain term, or paying surrender charge penalties for early withdrawal. Money in 401 or retirement plans invested in the market is much riskier than Indexed-Linked Annuities guaranteeing principal safety. Although the investment income portion of most annuity distributions is taxed at ordinary income tax rates, taxes are deferred until annuity withdrawals and distributions, making them ideal for seniors maximizing their income over a fixed period, or managing taxes paid on Social Security benefits.