Expert Witness Blog

In Fire Investigation Reports: The Key to Writing a Quality Report fire expert witness and Principal of Pyrocop, Inc., Robert Rowe writes on the preparation of a fire report:

One of the most essential components of fire investigation is the writing of an accurate and comprehensive fire report. Although the writing styles of fire investigators may vary, as with any professional report, preparation is the essential first step.

The fire investigator must insure that all necessary information pertinent to the fire investigation has been collected and compiled before the report can be written. The material within the report must be arranged in a systematic order and that information not pertinent to the case is left out. Utilization of an outline will assist the fire investigator in ensuring that the report is in chronological order and easy to follow.

In Basic Characteristics And “Life” of Residential Mortgage Loans mortgages expert witness J. F. “Chip” Morrow writes:

Loan underwriting is performed by the mortgage banker’s underwriter who decides whether the loan will be consistent with governing loan program underwriting standards and, therefore, should or should not made by the mortgage banker. Also, the mortgage banker’s underwriter, where the PMI underwriting is delegated to the mortgage banker, decides whether the loan qualifies or does not qualify for PMI insurance. Based on at all the information gathered during the wholesale loan processing by the mortgage broker, the loan underwriter analyzes and considers these three areas of risks ─ collateral risk (loan-to-value), capacity risk (ability-to-repay/income) and character risk (credit, reputation).

Collateral risk is analyzed by reviewing the appraisal to ensure that all the criteria required by the appraisal standards are met. Second, the underwriter must address the liquidation value of the property if it should go into foreclosure. Third, the underwriter must address the marketability timeframe if the mortgage banker had to sell the property after foreclosure. After determining that the answers to these areas are satisfactory, the underwriter determines the appropriate loan-to-value (LTV) ratio for the collateral.

In How Projects Go Awry, mold expert witness Russell Keeler writes on mold and moisture damage:

Over the years, we have observed many cases of humidity gone wild, with the attendant formation of mold or other moisture damage. Condensation can be the result of actions by the various players in the construction process.

The designer • A design that does not provide for humidity control.

Dave and Kathei Hendrickson have filed suit against Farmers Insurance Company of Oregon for denying them coverage when their four-level home cascaded down a hill into two other houses on Oct. 8. The Hendricksons allege in the $2 million complaint filed Dec. 10 in Multnomah County Circuit Court that Farmers has been “calculatingly malicious” in its refusal to pay for any damage resulting from the landslide.

According to homeowner’s insurance expert witnesses, “earth movement” is not typically covered by homeowner’s insurance and requires a rare extra policy. The Hendricksons claim in their suit that a Farmers Insurance agent told them when they bought a “Protector Plus Homeowners Package” that it would cover all eventualities, including earth movement.
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The Philadelphia firefighter’s union lost a bid to prevent closing seven fire companies targeted as part of Mayor Nutter’s response to the current budget crisis. Common Pleas Judge Gary DiVito yesterday ruled that Nutter could unilaterally make the cuts and said the union’s fire expert witness had not shown that eliminating five engine companies and two ladder companies would endanger firefighters or the public. DiVito also said that Local 22 of the International Association of Firefighters had failed to show that the cuts posed a threat to public safety. Philly.com also reports:

It was a much-needed victory for Nutter in his effort to close a five-year, $1 billion budget gap that he has warned is likely to grow. Nutter estimates that the fire closures would save $10.4 million annually… The firefighters requested an injunction earlier this month, arguing that Nutter was required to bargain with the union when it came to issues of firefighter safety.

In Alternative Dispute Resolution in the Hospitality Industry hospitality expert witness Maurice Robinson writes:

With the increasing popularity of ADR in all areas of business, it was inevitable that the hospitality industry would take note of its advantages. With the escalating costs associated with litigation, organizations involved in the hospitality sector are increasingly recognizing that disputes that arise between parties may be reasonably, fairly and economically resolved through ADR. Hotel management and franchise agreements, for example, have frequently included arbitration and mediation provisions, but they generally have referred to standard rules and used third-party providers with little background in the industry.

Arbitrators and mediators have thus been brought into hospitality dispute resolution with little understanding of the history and dynamics of the sector. And while neutrality has generally been assured, there has been frustration associated with the frequent lack of understanding of the issues involved on the part of the key players in the process – the arbitrators and mediators.

In SECURITY: By Design And Decree security expert witness Robert A. Gardner, CPP, writes on security ordinances:

Establishing liability depends in large part on the foreseeability of a specific kind of criminal attack and the amount of control the negligent party exercised over the circumstances and conditions under which the crime occurred. By citing the standards prescribed in Building Security Codes, it may be possible to demonstrate that a minimum level of security is always necessary. This is true even when no specific crime threat has been identified. The pervasive nature of crime in America presents an undeniable threat to virtually everyone. While the exact time and circumstances of criminal attacks cannot usually be predicted, it may be reasonable to forecast that a particular type of crime will occur at a given location within a definable time period.

Security Codes and Environmental Design Standards impose a duty on property developers, owners and managers to provide at least a minimum level of protection for those who enter and occupy their properties. The protective measures required will vary with the type and use of the property. But, in every instance, there will be basic preventative measures identified to address the kinds of crime that can be reasonably expected to occur. If adequate consideration has not been given to security, and/or applicable security codes have not been followed, then the stage is set for a claim of negligence should a criminal attack take place.

In Moving On Their Own Ahmed K. Noor, mechanical engineering expert and Director of the Center for Advanced Engineering Environments, writes on mobile robots:

Military and security organizations use robots to assist in dangerous situations. In space exploration, robots have been used as planetary probes, orbiters, and rovers. Robots have a significant role in medical and health care fields-helping surgeons achieve more precision in the operating room, and performing safer, less-invasive surgeries.

We are now entering a new age of robotics. Increasing computing power and AI advances are making robots considerably more useful, and rapidly expanding their fields of application. Above all, robots are becoming ever more reliable and autonomous. Indeed, networks of intelligent, autonomous robots promise to become the next disruptive technology…