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Richard A. Rice, PE - Editor
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Edition XVI - November 2017
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One PE License for ALL States!!!
Forensic Engineers are often called upon to work in states where they are not licensed. While the state supreme courts that I know of are ruling that licensure is not necessary as an expert witness, many state professional engineering (PE) boards are finding ways to make it difficult for out of state PE's to enter their marketplace.
My sister is a JAG attorney for the United States Army. She has passed one state bar exam which was in her state of residence. Yet, she is able to practice law in any state because she deals with the Code of Military Justice, and Federal law. These are laws that cross all state boundaries. Don't engineers deal with laws that also cross ALL state boundaries? Namely, the laws of nature/physics? Other types of attorneys (i.e. traditional) have to pass the bar in each state because the laws of man are different in each state. However, engineers nationwide (Forensic and otherwise) take
ONE test administered by the National Council of Examiners for Engineering and Surveying (NCEES) because we deal with the laws of nature/physics. So I ask...why can't a licensed PE who took a national test practice in any state? Why must a PE in California get permission from a PE Board in Georgia to work where the laws of nature/physics are the same? Should not the role of the Georgia PE Board be to assure that all PE's working in Georgia abide by the National Society of Professional Engineers (NSPE) Code of Ethics? Should GA or any other state have its own special laws just because
"that's the way it's always been done?" In Arizona, the governor has required ALL licensing boards to justify their licensing requirements. It will be interesting how the PE Board in Arizona does this.
Click here for the Arizona article.
In my humble opinion (IMHO), the technology of the 21st century makes the ever growing power of state licensing boards for PE's unnecessary. If state governors want to keep these boards yet increase economic development, limit these boards to solely protecting life and property as prescribed by the NSPE.
In addition to the burden of maintaining licenses in numerous states, many states require additional documentation and other hoops to jump through even after the thorough vetting performed by the NCEES. These state PE boards pay to be a member of NCEES so why do they not trust NCEES? They are wasting tax money. It would appear that these states operate with exclusion in mind; putting self-serving, unfair and unnecessary burdens (i.e. trade practices) on those wishing to come in from other states. Perhaps the Federal Trade Commission (FTC) should take a look. I would appreciate any opinions on this matter.
"...I am tired of states' rights." - partial quote from Union Commander Maj. Gen. George Henry Thomas (1863)
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Again, thank you. If you have suggestions for OFI, please
email
me any time.
Sincerely,
Richard A. Rice, PE
PS: Past editions of OFI can be found at my company website.
Click Here
and scroll down to the bottom of the page. Thanks.
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In the News this Month...
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Golfer Takes Swing at Golf Club After Fall
An older golfer with new shoes falls on artificial grass on a golf course. The Country Club used a Forensic Engineer who explained that artificial grass increases friction. The new shoe owner did not use a Forensic Engineer. Guess the outcome. Please
Click Here
Daubert at 25
A great article about the early days of the Frye standard, and the evolution of Daubert. Please
Click Here
Medical Doctor Opining on Engineering Matters
An airline passenger dies while exiting a plane. Her estate alleges that a defect in the plane or jet bridge caused her death. The estates retains a medical doctor to render an opinion on her cause of death, and the alleged material/mechanical defects. Please
Click Here
The Danger of Lay Expert Witnesses
While this article does not specifically address the use of engineers as expert witnesses, it explains the expected outcome when family members of the plaintiff offer testimony in contrast to the testimony of a professional. Please
Click Here
Producing Forensic Engineers in the Classroom
Students at The University of Toronto have an opportunity to learn how to think like a detective when solving material failure problems. There are courses like this in the US. Many are taught by National Academy of Forensic Engineers (NAFE) members. See what they are doing in Canada!!! Please
Click Here
Was it Wind or Water Damage?
Having worked several storm claims, I have been asked to render an opinion on whether the damage was caused by wind or water. Sometimes the task is not so easy. Compounding the complexity are the laws in different coastal states.
Plaintiff Claimed Talc Caused Cancer. Judge said "Not So Fast"
A judge tosses out a $417 million dollar verdict because the plaintiff did not provide sufficient expert testimony to support the claim that the talc powder caused the cancer that killed her mother. From the judge, we have:
“In an action alleging that a product causes cancer, giving rise to a duty to warn, causation must be proven with a reasonable medical probability based upon competent expert testimony. Mere possibility alone is insufficient to establish a prima facie case.” Please
Click Here
Asbestos Exposure: Experts Establish Possible v. Probable Exposure
Just because your expert witness says it was possible for something to happen, it does not make it probable. A judge noticed the difference. Please
Click Here
Opinions from an Artificially Intelligent (AI) Expert Witness -
The Future is Now
Cars and trucks that drive themselves. There is talk of airplanes that will fly without a pilot. It was just a matter of time until AI got into the courtroom. Please
Click Here
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I have the privilege to work with many great forensic experts in the United States, Asia and Europe in the fields of Accident Reconstruction, Electrical Failures, Mechanical Failures just to name a few disciplines. Please allow me to refer to you one of these
court tested
experts for your next insurance claim or legal matter. There is no charge to you. I do not get a finders fee from anyone. This is my way of helping. Plus, I can help my Forensic Engineering colleagues. Please
email me or call 404.395.7441.
Note:
No warranties, expressed or implied, are made to the suitability of any expert referred to you. Do your homework to make sure you have the right expert.
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Richard A. Rice, PE is President and Forensic Engineer for Mutual Engineering, Inc. - MEI. Because of 30 years of continuous civil/structural design services, and his early and continued exposure to his friends and families many construction businesses, Mr. Rice is uniquely qualified to provide Civil/Structural Forensic Engineering services to the insurance, legal, and construction industries. Services include building design and construction, roadway design and construction, building inspection and code compliance, building/foundation collapse, construction site incidents, fall protection, and other property loss subjects. Mr. Rice is a licensed professional engineer and a Fellow and Board Certified Diplomate of the National Academy of Forensic Engineers (NAFE).
Mr. Rice has written a novel and numerous technical articles published in professional journals for NAFE, the National Association of Subrogation Professionals (NASP), and the Georgia Defense Lawyer Association (GDLA). Please call/email Mr. Rice or visit his company's webpage:
Richard A. Rice, PE
Mutual Engineering, Inc. - MEI(Office): 770.210.6644
(Mobile): 404.395.7441
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