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Richard A. Rice, PE - Editor
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The Merry, Merry Month of May!!!
Thank you for supporting Omnia Forensis Ingenariae. As editor of OFI, it is my privilege to share with you the news and publications I have gathered to help forensic engineers and the people who rely on them. Please let me know if you would like to see something added that would further the knowledge of us all.
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The results are in!!! The poll question was:
Should non-PE's investigate forensic engineering matters for PE's to sign off on later?
While not a statistically sound number of people participated, 67% of those who did participate voted NO. To summarize, PE's should perform the investigations on forensic engineering matters. There will be more on this in the coming months.
I have been asked by an Executive General adjuster for a large, national insurance company to write a paper on this issue for publication in the Southern Loss Association (SLA)newsletter. The gears are spinning and I hope to have something to publish in June or July 2017. In addition to the SLA newsletter, I will publish here and on LinkedIn.
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There are many interesting articles to read this month. Of particular interest are articles involving Daubert in Missouri, experts that need outside help while testifying, and a case involving expert witnesses and Bubba the Love Sponge (you do not hear that combination everyday).
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From an article regarding someone seeking to practice law in Oklahoma, we have the following:
The Oklahoma Supreme Court ruled that, because Harlin is a lawyer, he does not have to satisfy the same requirements required of law students to take the bar exam.
If we replace a few , we have the following:
The Oklahoma Supreme Court ruled that, because Rice is already a licensed professional engineer, he does not have to satisfy the same requirements required of engineering students to become a licensed professional engineer in other states.
Has a precedent been set regarding professional licensure in one state being good in another? Interesting article.
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If you are not on the mailing list, please click on "Join the Mailing List" to automatically receive the monthly newsletter and timely updates.
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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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Expert Witness Independence...Is your Expert a Little Too Chummy with the Plaintiff/Defense?
While it is good to come across as friendly, what will the jury think if they see your expert witness palling around with the plaintiffs or defendants? This article illustrates the importance of a professional distance. Click Here
Wicked Smart Homeschooler Gets His Due
A man who graduated high school as a homeschooler, who skipped college and went straight to law school and graduated (twice), and who passed the California Bar the first time was denied to take the Bar exam in Oklahoma. The OK Supreme Court told the OK Board of Bar Examiners that this makes no sense. For those having similar problems with state engineering boards...sound familiar?
Click Here
Sage Advice for Expert Witnesses
Many, many years ago a client/mentor gave me some salty advice. He said, "Listen to what the adverse council is asking you, then answer the (insert expletive here) question." The author of this article has heard it all, and provides great incite to how to be an affective expert witness.
Click Here
Missouri: ATRA Approved
The American Tort Reform Association (ATRA) is lauding the recently signed bill regarding expert witness admissibility in MO.
Click Here
Bubba the Love Sponge Has a Problem
A "shock jock" known as Bubba the Love Sponge has a problem with a damages expert witness hired by Nielsen Ratings.
Click Here for the article and think about all the crazy and weird cases you have been involved with over the years. I love my interesting job. Click Here
Expert Texts a Buddy During Trial for Help
While on the stand, an expert witness texts a colleague for help on terms he did not understand. He is insulted that his knowledge is questioned. Duh!!!
Click Here
Daubert in Florida
Cozen O'Conner provides a great article regarding the current status of Daubert in Florida.
Click Here
Update in NY Courts Regarding Construction Industry
A plaintiff's motion for summary judgement was based on that since a fall occurred, the construction stairs/ladder must be defective. The NY Court of Appeals disagreed. From the article we have, "The key is for defendants to show the equipment was not defective so as to defeat a summary judgment motion."
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Coffee Talk:
Dr. Ellis L. Armstrong, PE (Part II)
As I wrote last month, one of my best friends and closest colleagues in the world is Jeffrey D. Armstrong, PE (lower picture). Jeff is the grandson of one of the most famous civil engineers in the 20th Century: Dr. Ellis L. Armstrong, PE (upper picture).
Anyone who takes the time to read the writings of Dr. Armstrong will learn something. With Jeff's permission, I present to you a lecture entitled,
"My Generation to Yours." Yes, it is long. Take your time to absorb the incite of this man who understood engineering in the advancement of civilization. You will think differently afterwards.
Click Here
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Did you know that for weeks your friendly, neighborhood OFI editor had nothing to write about in this popular section. That was the case until the Oregon State Board of Examiners for Engineering and Land Surveying ( Oregon Board) showed its arrogance recently on the national stage. I know there is probably more to the story, but, basically, the Oregon Board fined a 56 year old degreed engineer who dared to identify himself as an engineer when he criticized the math used for the red-light cameras in Beaverton, OR.
This sounds eerily familiar to a situation I was involved with 20 years ago. It all started with an Alabama case styled, "James Hunter v Board of Water and Sewer Commissioners - Mobile, AL. Mr. Hunter's basement flooded. He filed a lawsuit against the city of Mobile, AL. Mr. Hunter hires a retired, degreed engineer that once worked for a Water and Sewer Authority in Alabama for 25 years to be the Hunter's expert witness. Because this degreed engineer worked for the government, a professional engineering license was not needed. The Alabama Board of Professional Engineering Licensure (Alabama Board) at the time did not care. If you claimed to the courts you were an engineer, you were practicing engineering and must be punished for not having a PE license in Alabama. My involvement was that I gave a deposition in Alabama for another case while possessing a PE license in other states, but not Alabama. The old Alabama Board had changed the law six months earlier but did not widely publish it. There was more, but I will finish this another time.
Fast forward to today. The lawyers/courts in Alabama got involved to reign in the old Alabama Board. Now, if you possess a PE license in any other state, you can provide expert witness services in Alabama. For those with no engineering degrees (retired police officers, etc...), no license is needed for doing the math for accident reconstruction cases. Degreed engineers with no PE license may also provide expert witness services without trouble from the new Alabama Board. In essence, the courts decide who is an expert. Hallelujah!!!
(Note:
The new and improved Alabama Board has new and educated members, and has allowed me to be an Alabama Licensed Professional Engineer for many years. Thank you.)
In my humble opinion, the Oregon Board is about to feel the full force and wrath of the federal courts. Given the recent decision given by the SCOTUS in Federal Trade Commission v. North Carolina Dental Board, the "non-sovereign" players of the Oregon Board are about to get an attitude adjustment. Good!!! A civics lesson on constitutional free speech and the separation of powers clause would be helpful for them as well. Click Here for one of the hundreds of national stories on this topic.
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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 you. 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, and other property loss subjects. Mr. Rice is a licensed professional engineer in several states, 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 - Civil/Structural Engineer
Mutual Engineering, Inc. - MEI
(Office): 770.210.6644
(Mobile): 404.395.7441
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Dr. Christine Jesup was a respected and loved obstetrician in the Low Country of South Carolina. Everything was good until tragedy struck. The ambulance carrying Dr. Jesup and her pregnant patient crashed on a defectively constructed road. Attorney Cephas Hampton, along with his forensic engineering expert, fight a corrupt road builder and an incredulous insurance company in an effort to help Dr. Jesup...to be made whole again.
"...to be made whole again"
is available now. Please
Click Here for your copy.
Amazon Book Reviews:
Anthony -
"I really like this book, it's a forensic , court drama. They need to write a
screen play and do a mini series."
Bruce W. -
"Nice short read and very interesting. I really enjoyed it but I work in
this
type of field and so it was familiar to me. The book provides
adequate detail
to the players but it is not so overdone that it drags on.
Definitely worth the
money - it is a bargain at that price!"
Dr. McMillian -
"This book will grab your attention on the first page. It is a
spellbinder
and will keep you reading all night if you let it. I am
looking forward
to the author's next book with great
anticipation."
Angela B. -
"Interesting Read"
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Thank you very much!!!
Happy Mother's Day!!!
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