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In Identification of Potential Severance Damages In Retail Gasoline Properties,

service station expert witness Robert E. Bainbridge writes:

Retail gasoline businesses are especially sensitive to access degradation. In some cases impaired access can make the business unviable and the property unmarketable as a gasoline outlet. The potential for severance damages from access management takings should be regarded with greater scrutiny by stake holders and the courts when retail gasoline properties are involved.

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In Expert Witness – A Valuable Asset, William Gulya, Jr., construction expert witness and President & CEO, Middlesex Trenching Company, writes:

Are attorneys overlooking a valuable asset? Many indeed are. As in any field of expertise, there are good and bad expert witnesses. A slogan I once read said, “The right attorney can make the difference.” So too can the right expert witness.

The right expert witness can be one of the most valuable assets an attorney can use to win his case. Although attorneys know the law, trial procedure, etc., they cannot realistically be expected to know the operations of every type of company. Utilizing an expert witness will provide the attorney the inside knowledge and explanation of corporate details that will help with facts surrounding a particular case. The expert explains strengths and weaknesses that will give attorneys the knowledge to best

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In Understanding Toyota Sudden Acceleration, materials engineering expert witness Joel S. Hirschhorn writes:

When products fail due to a systemic design, materials or manufacturing flaw, large and statistically significant levels of problems emerge fairly rapidly. This is definitely not the case with the Toyota problem. With many millions of Toyota models on which even more millions of miles have been driven, if there had been an inherent materials or manufacturing design defect, then we would have seen untold thousands of cases of sudden acceleration. It literally would have been virtually a daily event happening all over the country in many Toyota models. But, in fact, little more than 1,000 Toyota and Lexus owners have reported since 2001 that their vehicles suddenly accelerated on their own. This is a tiny, minuscule percentage of Toyotas….

In my professional opinion, the likely scenario is a defect in a semiconductor chip used in the electronic control system. A defect that was caused by some infrequent flaw in a raw material or manufacturing process that would not show up in routine quality control testing of raw materials or components. That so many different Toyota models over many years have been found defective signifies the likelihood of a particular problem component made in a specific factory that has been used for quite a while. Moreover, the defect obviously does not ordinarily impair vehicle performance but only manifests itself under some infrequent conditions, as yet undetermined.

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Changes to the way California manages its water delivery system are in the works, including options that avoid central pumps at the south end of the Sacramento Delta, known to harm fish. The plan is to make improvements not only to the pumping system, but also to establish habitat where aquatic and land animals can recover. At a Northern Sacramento Valley Water Forum held in Chico Wednesday, experts discussed the status of the process, with about 100 people in attendance.

Chuck Hanson, a fish biology expert witness, has written more that 75 scientific reports and called as an expert witness for state and federal court cases. Hanson displayed graphs that showed that in the last decade many fish species have declined dramatically. “The message is that what we’re doing isn’t working,” Hanson said.

For more, see chicoer.com.

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In Four Billion Cell Users : Computing Power Anytime, Anyplace, technology expert witness Ron Maltiel of RMG Associates writes:

We are on the verge of the next computing technology wave – a merging of cell phones, laptop computers, internet, gaming controllers, and navigation devices. The new products do everything a laptop can do and are small enough to fit in a pocket, are always at our fingertips, connect to the internet everywhere, all the time and lend themselves to merging the physical and cyber worlds. There will be ten times the number of mobile internet users versus desktop internet users. The potential for this market is much larger than any of the previous computing technology waves.

Since semiconductors are the major building block of these electronic devices, this growth wave will be the key driver of semiconductor chip growth. After all, integrated circuits (IC) make up half of the manufacturing cost for the Google Nexus , Apple iPhone, Motorola Droid, Palm Pre, and Toshiba TG01. Best estimates indicate an annual growth rate of 30% for semiconductor companies over the next year.

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A Symmes Township, OH, man was sentenced Monday to 180 days in jail for street racing and aggravated vehicular homicide in a Clermont County crash that took the life of a friend riding in his hot-rod car. Purcell’s car was going 70 to 90 mph at the time of the fatal wreck, according to an accident reconstruction expert witness.

Dustin Purcell, 21, had faced up to five years in prison when sentenced by Judge Victor M. Haddad of Common Pleas Court. The prosecution recommended that he be put on probation for five years with the understanding he would speak to kids about the risks of reckless driving. The souped-up 1992 Honda Civic LX driven by Purcell ran off the right side of the narrow, two-lane road, hit a ditch and flipped over three times about 12:22 a.m.

For more, see cincinnati.com.

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All lawsuits filed in federal court against Pfizer over alleged side effects of Chantix, their popular smoking cessation treatment, have been centralized for pretrial litigation before U.S. District Judge Inge Prytz Johnson in the U.S. District Court for the Northern District of Alabama as part of a multidistrict litigation (MDL). The cases involve similar allegations that Pfizer failed to adequately research their medication or warn about the risk of suicide from Chantix or other psychological side effects.

Experts, including neuropsychology expert witnesses, must be designated by April 2011 and May 2011, for the Plaintiffs and Defendants respectively, with expert depositions set to begin in July 2011 and conclude by October 3, 2011. Motions practice on general causation and liability will then occur through the end of 2011, with case specific expert discovery not permitted to begin until after the Court decides the issues that are generally applicable to cases in the litigation.

For more, see aboutlawsuits.com.

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In July 2008, plaintiff Ted Slaughter filed a medical malpractice lawsuit claiming he was not promptly treated by the Beaumont Bone & Joint Institute after cutting his left hand in a circular saw. Slaughter alleges the delay led to the amputation of his right index finger. On March 4, justices seated on the Texas Ninth District Court of Appeals issued a memorandum opinion that partially reversed the lower courts ruling which kept several Beaumont Bone & Joint employees trapped in the ongoing litigation.

The clinic, in its appellate brief, argued that the “trial court abused its discretion in failing to dismiss (Slaughter’s) claims of direct negligence … when these claims were not (thoroughly) discussed in any expert report.” Conversely, Slaughter argued the appellate court lacks jurisdiction over the matter and claimed the medical malpractice expert witness report does not have to conform to Texas civil law since “no new claims were made in the amended petition.”

For more, see Southeast Texas Recordhttp://www.setexasrecord.com/.

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Medical expert witness and Chief Editor of web-based eMedicine Dr. Erik Schraga would like legal professionals and experts to know that eMedicine offers continually updated clinical reference information which may prove useful in cases they are working on. The following excerpt on cardiology provides information on pulmonary embolism medicolegal pitfalls.

Medicolegal Pitfalls

Pulmonary embolism (PE) is an extremely common disorder. It presents with nonspecific clinical features and requires specialized investigations for confirmation of diagnosis. Therefore, many patients die from unrecognized pulmonary embolism. The other common pitfalls are as follows:

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At The National Association of Social Workers (NASW) website, Carolyn I. Polowy, JD and law clerk Joel Gilbertson, write on Social Workers as Expert Witnesses:

Courts of law rely upon information offered in evidence as the basis for decisions rendered. Evidence comes in many forms, including photographs, recordings, devices, forensic evidence, documents, and individual testimony. Oral testimony by witnesses is, however, often the major source of evidence at a trial.

Witnesses who testify as experts play an important role in interpreting data, explaining complex material, and drawing knowledgeable inferences based upon their training and experience. Social workers are called to testify as expert witnesses on a variety of subjects. This Law Note discusses the role of the expert witness and reviews case law confirming the role of social workers as expert witnesses in a variety of settings.

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