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A settlement has been struck in a group of lawsuits filed by 190 people who claimed they were injured by working around asbestos and other dangerous materials during remodeling at the Salinas, CA, Courthouse. The plaintiffs – courthouse employees, attorneys, a judge and others who worked in the north courthouse wing – all will receive compensation under the omnibus settlement reached during the past few months, an attorney said Thursday. The large number of plaintiffs and defendants and the two-year duration of the construction work being scrutinized were complicating factors. Attorneys were just beginning their work with expert witnesses.

Terms of the settlement were confidential, though one estimate put the total around $5 million.

The settlement covers plaintiffs in three separate lawsuits, later rolled into a single case being heard by Judge Barry Hammer of San Luis Obispo County. The case was moved earlier this year to Santa Clara County at the request of the main defendants, a pair of construction management companies. The courthouse workers and other plaintiffs claimed they were exposed to asbestos, toxic dust and other hazardous materials that were released into the air by demolition work in 2005 and 2006.

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In MACHINE TOOL GUARD RISK ASSESSMENT, equipment and machinery expert witness

Kenneth Knott, Ph.D., P.E., Product Liability Dynamics, Inc., writes:

There are three times in the life cycle of a machine tool when it is useful to be able to assess the level of risk associated with the machine guarding system. First, it helps the designer of a machine tool to predict reasonably foreseeable accidents and provide the best means of avoiding them. Secondly, to encourage operating managers and personnel promote safe working conditions. Finally, to help attorneys and expert witnesses, should litigation ensure as a result of an accident associated with the machine safe guarding system.

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In When the Phone Rings … Twelve Questions for Prospective Expert Witness Assignments, insurance claims expert witness Kevin M. Quinley, CPCU, ARM, AIC writes:

Consultants and expert witnesses are more used to answering questions than asking them. When the phone rings, there may be an attorney or prospective client on the other end of the line. He or she poses questions to the consultant or expert, trying to gauge whether there is a good “fit” between the client’s needs and what the practitioner can offer in the way of experience and expertise. After answering prospective clients’ questions, effective consultants and expert witnesses may have some queries of their own. In fact, they should. Here are 12 questions that can form the basis of an effective fact-gathering process which unearths aspects of a case to help the consultant and expert witness gauge the degree of fit:

(2) Do you represent the plaintiff or the defendant? This can be useful to know if you are trying to “balance” your practice and representation between plaintiffs and defendants. If you can strike a balance, you better the odds against opposing counsel painting you as a biased gun for hire. For example, thus far my insurance claim practice in litigation support has been split almost evenly down the middle – half for policyholders and half for insurers. If you have a preference and comfort level in representing one particular side in your area of expertise, this question brings that factor to the surface, inviting you to weigh it when deciding whether the case is a good fit with your interests and expertise.

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The half-mile-long Champlain Bridge was abruptly closed as structurally unsafe Oct.16 when engineers learned the 80-year-old massive concrete piers were rotting away just below the waterline. Underwater diving inspections of the piers was done every five years but gave no advance hint at the rapid deterioration to come. Skip Carrier, a state Transportation Department spokesman, said that in the last four years, the amount of missing and rotted concrete in two of the 10-foot-thick piers went from 10 inches to 3 feet.

Civil engineering expert Norbert Delatte said a test may have been able to find the problem before it got so bad. The expert is a professional engineer and professor at Cleveland State University in Ohio and said the the “ultrasonic pulse test is not cheap, but it is a lot cheaper than what is going to have to happen now.” An ultrasonic pulse acts like a kind of sonar. An electrical transmitter is placed against concrete and emits a sound wave, which travels through the concrete and bounces back to a receiver. An engineer can analyze the resulting signal to determine the condition of the concrete.

Delatte is an expert on bridge failure, and is the editor of the American Society of Civil Engineers Journal of Professional Issues in Engineering Education and Practice. He reviewed DOT diving inspection records for 2000, 2003 and 2005 provided by the Times Union.

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In Successfully Locating A Business, zoning and land use expert witness John J. Wallace writes on a retailer’s biggest challenge:

Finally, in considering a store location, think long and hard about your neighbors. These days a good “tenant mix” underlies the success of major malls, as well as some shopping centers. Again, complementary tenants create youth market and convenience-oriented side malls at Stanford Shopping Center. In one of the courts of Costa Mesa’s South Coast Plaza, a cluster of kid’s shops situated around a carousel ranks among the strongest children-oriented retail destinations in the country.

But some effective tenant mixes are not so obvious. For example, note the preponderance of shoe retailers in large malls anchored by department stores. Rather than cannibalizing each other’s business, these neighboring stores offer a variety that is appealing to comparison shoppers. Restaurant owners have learned the same lesson, and a collection of nearby eateries can coalesce into a successful “dining destination” (much like the food courts in many centers and malls).

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In Medical Malpractice Overview, medical expert witness Eugene DeBlasio writes on breaches of doctor-patient confidentiality:

Doctor-patient confidentiality is based upon the general principle that a person seeking medical help or advice should not be hindered or inhibited by fear that his or her medical concerns or conditions will be disclosed to others. There is generally an expectation that the physician will hold that special knowledge in confidence and use it exclusively for the benefit of the patient.

The professional duty of confidentiality covers not only what a patient may reveal to the doctor, but also what a doctor may independently conclude or form an opinion about, based on his or her examination or ASSESSMENT of the patient. Confidentiality covers all medical records (including x-rays, lab-reports, etc.) as well as communications between patient and doctor and generally includes communications between the patient and other professional staff working with the doctor.

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In MACHINE TOOL GUARD RISK ASSESSMENT, equipment and machinery expert witness

Kenneth Knott, Ph.D., P.E., Product Liability Dynamics, Inc., writes:

Citing official statistics for 1997, a paper by Windau 1 showed that 45% of the 189 industrial fatalities due to workers being caught in machinery in 1997 were in the manufacturing sector. Furthermore, 65% of the total fatalities occurred when workers were either operating or performing general unspecified maintenance on a machine. The paper by Windau referred to above did not address the amputations, other severe injuries, or “near misses” associated with the failure or absence of effective guards.

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In When the Phone Rings … Twelve Questions for Prospective Expert Witness Assignments, insurance claims expert witness Kevin M. Quinley, CPCU, ARM, AIC writes:

Consultants and expert witnesses are more used to answering questions than asking them. When the phone rings, there may be an attorney or prospective client on the other end of the line. He or she poses questions to the consultant or expert, trying to gauge whether there is a good “fit” between the client’s needs and what the practitioner can offer in the way of experience and expertise. After answering prospective clients’ questions, effective consultants and expert witnesses may have some queries of their own. In fact, they should. Here are 12 questions that can form the basis of an effective fact-gathering process which unearths aspects of a case to help the consultant and expert witness gauge the degree of fit:

(1) What does the case involve? This is a threshold question to assess whether the subject matter of the case falls within your area of expertise. If you are a nephrologist and the issue involves hematology, this is a tip-off that the caller may need a different expert. If you are an authority on agent errors and omissions but the case involves an underwriting mistake, it may not lodge in your “sweet spot.” Best for you to know this before investing time burrowing down fruitless rabbit trails. Or maybe the answer will confirm that the matter is well within your wheelhouse.

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The Gotham City Networking Expert Witness Group offers networking opportunities and monthly speaker/topic or group discussions on topics of interest to fellow experts. Scheduled meetings are Nov.16, Dec.14, Jan.11, Feb.8, Mar.15, May 20, June 21, Sept.13, Oct.18, Nov.15 and Dec.13, all at 12:15pm at Fabio Piccolo Fiore’s Italian Restaurant (230 E.44th between 2nd and 3rd Ave.).

Please contact group leader Gerald M. Goldhaber directly to visit a monthly luncheon meeting.

Gerald M. Goldhaber, Ph.D.

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Bad faith expert witnesses at Insurance Expert Network define Bad Faith Claim:

A term describing blatantly unfair conduct that exceeds mere negligence by an insurance company. For example, a bad faith claim may arise if an auto liability insurer arbitrarily refuses to settle a claim within policy limits, where an insured’s liability is incontrovertible. Bad faith damages, also known as extracontractual damages, are often substantial. They frequently exceed the limits of the insurance policy that is the subject of the claim.