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Premises liability expert witness Fred Del Marva explains standard of care in premises liability cases.

It is common knowledge that premises owners are not the insurers or guarantors of their invitees’ safety. The duty imposed on them is to provide a safe and secure environment, and to provide reasonable care.

This duty is achieved by requiring premises owners and operators to develop and implement policies, procedures, and protocols that will either prevent or deter what is reasonably foreseeable.

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In medical malpractice cases, the central issue is whether the defendant doctor had applied the degree of skill, knowledge, and care ordinarily exercised by other members of the medical profession under similar circumstances. Although this is left to the trial judge’s discretion, a physician or surgeon must usually have some occupational experience in the particular field at issue in order to testify as an expert witness. In a neurology malpractice case, the neurology expert witness would be expected to be experienced in issues such as ruptured aneurysms, seizures, spinal cord injury, head trauma, and strokes. Special qualifications may be required in emergency room physician cases. For example, in California the court can admit expert medical testimony only from a doctor who has had substantial professional experience within the previous five years as a physician and surgeon providing emergency medical coverage for a general acute care hospital emergency department.

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Residential real estate expert witness Steve Cohen writes this on mold:

Most types of mold that are routinely encountered are not hazardous to healthy individuals. However, studies have shown that too much exposure to mold may cause or worsen conditions such as asthma, hay fever, or other allergies. Common symptoms of overexposure are cough, congestions, runny nose, eye irritation and aggravation of asthma. In those who are more vulnerable, more serious health effects such as fevers and breathing problems can also occur. Some molds produce chemicals called mycotoxins. Mycotoxins may cause illness in people who have sensitivity to them.

According to the EPA, “A major concern associated with exposure to biological pollutants is allergic reactions, which range from rhinitis, nasal congestion, conjunctival inflammation, and urticaria to asthma”. The most effective way to control mold is to control moisture. It is recommended that humidity levels be reduced to 30-60% to reduce the possibility of mold growth.

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Independent medical examinations expert witness Dr. Charles Wetli testified Friday that Renee Javier Perez could not have been fatally injured in the time frame that ex-cop George Bubaris is accused of killing him. LoHud.com reports:

‘He did not sustain this injury after 11 o’clock p.m.,’ said Dr. Charles Wetli, who was the chief medical examiner for Suffolk County for more than 11 years. Wetli testified at the state Supreme Court Homicide trial of Bubaris, a former Mount Kisco police officer charged in Perez’s death.

Wetli is th last defense witness in Bubaris’ manslaughter trial and is the second medical expert who refuted findings from the Westchester County Medical Examiner as well as a new York City medical examiner, both of whom previously testified that Perez was mortally wounded after 11 p.m. the night of April 28, 2007.

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Residential real estate expert witness Steve Cohen writes this on mold:

Mold (fungi) can be found indoors and outdoors and is present everywhere. Of the more than 100,000 species of mold, at least 1,000 species are common in the U.S. Some of the most commonly found species are Cladosporium, Penicillium, and Aspergillus.

Molds reproduce by producing tiny spores. The spores float through the indoor and outdoor air continuously. When spores land on a damp area indoors, they may begin growing and digesting the material they have landed on in order to survive. Molds can grow on a variety of materials, but the most common are wood, paper, carpet and food. When excessive moisture or water accumulates indoors, mold growth often occurs.

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Neurology expert witness Michael I. Shevell, M.D writes in “The Pediatric Neurologist as Expert Witness with Particular Reference to Perinatal Asphyxia,”

The situation in which a pediatric neurologist is most likely to be requested to act as an expert is that of a child whose impairment and resulting disabilities and handicaps are the result of an alleged perinatal asphyxia secondary to obstetrical management. Within this setting, the expertise of a pediatric neurologist is focused on the following four main issues:

1. Causation and precise determination of etiology-is asphyxia the root cause for the child’s observed disabilities?

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When selecting an expert witness, choose the one best qualified and make sure that the expert’s work on the case is better than that of the opposing expert. When possible, the expert witness should adhere to the scientific method by testing and confirming each underlying fact or premise in your case. For example, the anesthesiology expert witness testimony should be based on similar observations and tests as opposed to mere thoughts. This has two advantages. It allows you to test the expert’s thesis for accuracy and it provides a firm basis for arguing why the judge or jury should accept the proven opinions of your expert.

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The most common use of photographs in court are those that depict physical injuries, damage to automobiles, and the appearance of complex products and objects. While we are told that “the camera doe not lie,” it is also true that photographs can present distorted images, so be watchful for photographic techniques that tend to distort reality. A photography expert witness can help you determine which photographs are accurate and therefore likely to be admissible into evidence. These expert witnesses can explain photographic techniques that can be used to distort the appearance of objects.

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Tucson copper producer Asarco LLC is suing its former parent company Americas Mining Corp over the value of the company’s investment in Peruvian mining operations. Asarco alleges fraudulent transfer of Asarco’s majority share in two Peruvian copper mines and related facilities. Asarco contends that the loss of that revenue led to its 2005 bankruptcy. Americas Mining Corp mining expert witnesses testified about the value of the Peruvian mines question. AMC asserts that Asarco’s bankruptcy occurred more than two years after the transfer.

German Larrea, one of Mexico’s richest men and chief executive and chairman of Grupo Mexico, parent company of AMC., testified Tuesday that he acted in the best interest of Asarco when he shifted its most valuable asset to one of his other subsidiaries.

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Former NYPD detective James M. Gannalo is a forensic firearms consultant, firearms and ballistics expert witness and President of Stria Consulting Group. Here he describes aspects of firearms identification:

3) Laser Trajectory Analysis of Bullet Paths – use of a portable scientific laser and inclinometer to determine the direction and angle of a bullet’s flight. This method is also used to accurately determine the origin of a gunshot.

4) Gunshot Residue Distance Determination – creating and analyzing test specimens to illustrate the approximate distance a firearm was discharged from an individual. This test can produce crucial evidence when assessing the validity of witness statements.

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