Joseph J. Forte, MS, CHPA / Security Consultant

Case Synopsis:  The plaintiff was on the premises of the defendant, the apartment complex, walking through the parking lot to get to his sister’s apartment.  According to local police, the plaintiff reported that three males had perpetrated an assault and robbery on him.  They proceeded to punch and kick him in his face and body, then forced him to remove his clothing and hand over all his cash. Plaintiffs contended that the defendant failed to provide a safe environment, which was further exacerbated by the defendant’s failure to employ the “action component” of video monitoring; and to provide an adequate number of security personnel to deter criminal acts on the premises.  The plaintiff believed that such failures were the proximate cause of the consequential injuries he sustained.

Scott P. McMackin, P.E., LEED AP / Civil Engineer

Stephen Batzer, Ph.D., P.E.

Case Synopsis:  Three officers were sent to the scene of a party that featured minors, drugs and alcohol. The birthday party was located in a very remote portion of a state park on a Friday night. Upon arriving, many of the juveniles fled on foot into the forest, while others remained and underwent portable breathalyzer tests. After all of the juveniles had been accounted for, and all but one sent home, a beer keg remained chained to a tree. The officers had not been issued lock cutters to cut the chain or lock. The decision was made not to leave the keg, but rather attempt to break the lock by shooting downward to force the lock open. After three shots, the attempts were suspended.

Following publicity surrounding the incident, the local district attorney charged the officers with reckless endangerment of themselves, the remaining juvenile as well as any unaccounted for juveniles still in the forest.

Douglas H. Sell, Jr. / Economic Damages Consultant ::::

Case Synopsis:  Plaintiff was severely injured in an accident and, as a result of injuries sustained, made a claim for lost earnings and future medical care expenses.  Plaintiff’s injuries were so severe, medical experts opined that the plaintiff had a reduced life expectancy; only eight additional years from the date of the incident.  Plaintiff’s economic expert prepared a report calculating an earnings loss of nearly $1 million from the time of the incident through the plaintiff’s anticipated work life, which was an additional 30 years from the date of the incident.  Plaintiff’s expert also prepared financial adjustments to the proposed future medical care expenses, which were estimated to be incurred for an additional eight years, based on the previously mentioned life expectancy opinion.

Steven M. Schorr, PE ::::

Case Synopsis: A pickup truck traveling northbound on a two-lane, two-direction roadway was approaching a slight curve to the right when the vehicle failed to remain in the northbound lane, crossed the centerline, and entered the southbound lane.  Yaw marks (tire marks indicating the wheels were rotating but sliding sideways) were present in the southbound lane, consistent with the pickup truck operator attempting to steer back to the right prior to contacting southbound vehicles.  The pickup truck operator claimed he passed out due to medical reasons and when he came to, he was in the opposite lane and attempted to steer back to the right.  The Criminal Complaint versus the pickup truck operator claimed that the vehicle operator failed to negotiate the curve in the roadway due to excessive vehicle speed as well as the presence of alcohol in his blood.

William J. Birks, Jr., CPP ::::

Case Analysis: A woman drove her car into the parking lot of a US based retailer.  She secured a parking space, abutting a pedestrian walkway that ran perpendicular from the store’s entrance/exit, down the middle of the parking lot.  As she exited her car and turned right onto the walkway, the woman was unaware that she was being observed by two males that were “cruising” the lot in a stolen automobile. As she approached the end of the walkway, a car passed in front of her then made a right turn, against the traffic pattern. As the car slowed, a man seated in the passenger’s seat jumped out of the car as it rolled to a stop. The man quickly approached the woman from behind just as she arrived at the end of the walkway and lunged at the handbag she was carrying over her shoulder.  The force of the attack caused the woman to be pulled backwards onto the ground.  The man continued trying to pry the purse away but she would not relent.  As the fruitlessness of his endeavor quickly became apparent to the assailant, he retreated back to the car from which he came.  The car sped away, leaving the woman on the ground suffering from multiple injuries, requiring emergency medical attention.

By Curtis M. Beloy, P.E. ::::

Motorcycles are unique vehicles that require special training and licensing to operate. They have unique handling characteristics and respond to disturbances differently than passenger vehicles. From a very simplistic point of view, a motorcycle can be thought of as being comprised of two wheels, a front structure that includes the handlebars and front fork, and a rear structure that includes the frame, fuel tank, and motor. The motorcycle contacts the ground at two points- the contact patches of the front and rear wheels. Unlike passenger vehicles, motorcycles are subject to unique vibrations and instability due to their ability to pivot about the joints on the motorcycle and the contact patches with the road. Because of this design, motorcycles can “weave” and “wobble” while traveling down the road, as well as lean/tip over (capsize) to the side.

Stephen A. Batzer, Ph.D, PE :::: 

Case Synopsis: A young man, while driving his sedan to work, in the dark, lost control of his vehicle which then exited the curvy roadway. The vehicle impacted the sloped shoulder with its front bumper and rolled a single revolution, passenger’s side leading. The intrusion into the vehicle, by the roof, crushed the driver’s spine. He survived, but has been confined to a wheelchair.

Steven M. Schorr, PE ::::

Case Synopsis: The plaintiff, a pedestrian, had parked his tractor-trailer in a truck stop and proceeded to walk to the facility to get some coffee. While traversing the parking lot, the plaintiff came in contact with the trailer portion of a moving tractor-trailer located in the parking lot. The plaintiff claimed that he saw the defendant’s tractor-trailer coming, changed his direction slightly, but continued walking toward the facility.  The plaintiff also stated that as the plaintiff was walking, the defendant, the tractor-trailer operator, executed a left-hand turn into a parking stall and the off-tracking trailer struck the plaintiff. The defendant testified that as his tractor-trailer was moving straight through the parking lot, he passed the plaintiff who was walking towards the facility. The defendant also testified that the location where he was turning into the parking stall was over hundred feet past where the plaintiff was standing, and that his tractor-trailer was not in the process of turning when he was passing the plaintiff.

Kenneth A. Brown, Ph.D. ::::

Case Synopsis: In early summer, a young mother purchased an infant stroller at a local store.  With the infant safely strapped in the new stroller, she walked for about an hour, stopping twice to comfort her baby who was crying and appeared uncomfortable.  When they arrived at the grandparent’s house, the mother checked the infant’s diaper to see if that was the cause of the crying and noticed red welts on the baby’s thigh and buttocks. The mother washed off the red areas; however, the condition worsened that night.  The next morning the mother took her infant to the emergency room and was informed that the infant had 2nd and 3rd degree chemical burns on her buttocks and thigh.  The mother checked the stroller and found a thick, green substance under the seating pad as well as on top of the seating pad.  Over the next several months, the infant required several skin graft operations and had long periods of painful recovery which resulted in permanent scars.