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Richard A. Rice, PE - Editor
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JUNE!!! The Start of Summer!!!
As always, 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 found to help attorneys, adjusters, and the forensic engineers they use. Please let me know if you would like to see something added that would further the knowledge of us all.
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Every single article cited in OFI is informative. However, if you are to read only one article this month, please read the article by Jay Cunningham regarding Daubert challenges to expert witnesses. While the emphasis is on financial experts, the tips he provides (i.e. bear traps to avoid) are golden to every attorney, adjuster and forensic engineer.
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Some of the best writers I have encountered work in the legal and insurance industries. If you have something you want to write about, and need a place to publish, please consider OFI. The OFI newsletter is seen by hundreds (almost 1000) people across the country. The readership is growing. Please submit your article to mutual@bellsouth.net. Thank you.
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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.
If you feel you have received this email by mistake, please see the bottom where you can remove yourself from the mailing list.
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 Witnesses as Storytellers: It's What We Do.
I was told many years ago that it is the expert that can tell the story better than the other guy/gal that will win over the judge or jury. Here is an article that explains this well. Click Here
Experts Involved in "Pink Slime" Lawsuit
The American Broadcast Company (ABC) is being sued by Beef Products, Inc. (BPI) because of a series of reports broadcasted by ABC regarding BPI's use of "pink slim" in meat products. At issue just before trial is the use of expert witnesses. This is a 5.7 billion dollar case.
Click Here
While there are not many details provided, this article exemplifies that (with only a few exceptions) a forensic engineer should receive a retainer when providing expert witness services.
Click Here
Portions of an Expert Witnesses Report Allowable
An appeals court in New Jersey has ruled that it is proper and allowable for a lower court to use portions of an expert witnesses report to determine damages.
Class Action Status Denied Because Expert Deemed Unreliable
Many ovens caught fire. The owners of these ovens sought to bring a class action lawsuit against Whirlpool. The expert witness hired by the owners was found to be nebulous regarding causation.
Click Here
Filing the Lawsuit is Not Enough
In spite of the requirement for the plaintiff to have an expert in a medical malpractice case, a plaintiff files motions to remove this requirement.
Click Here
Public Adjusters as Roofing Contractors: A Potential Problem
A roofing contractor who, by the way, is also a public adjuster is in big trouble in Oklahoma because he was wearing two hats for one job.
Click Here
New Tips for Daubert Challenges
I have studied how to avoid and deal with Daubert Challenges for years. Here are new things to consider in an article by Jay Cunningham. Great read.
Click Here
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Did you know that the forensic engineering fallout from Super Storm Sandy continues? This time, the United States Congress is involved. It appears that the Federal Emergency Management Agency (FEMA) continues to give work to U.S. Forensic. If you recall, U.S. Forensic became infamous because unlicensed, administrated functionaries in that company changed numerous forensic engineering reports so property owners affected by Super Storm Sandy received less money. A federal judge accused U.S. Forensic of “reprehensible gamesmanship” for rewriting engineer reports to lower the amount of property damage that could be attributed to Super Storm Sandy. Because FEMA appears to be helpless about removing U.S. Forensic as a vendor, United States Senator John Kennedy (R-La) has submitted a bill to give FEMA direct power to fire engineers and other consultants. This is very interesting on many levels. Click Here and Click Here for two of the stories on this issue.
And another thing...Did you know that the National Academy of Forensic Engineers (NAFE) summer conference is next month (July 21-23, 2017) in Atlanta, GA? Forensic engineers from around the world will be presenting peer reviewed papers on electrical, mechanical, civil, and structural engineering forensic failures and general forensic engineering topics. Many presenters are Board Certified Diplomates in Forensic Engineering. Please attend if at all possible. You will not be disappointed. I never am. First time attendees get 50% off the seminar fees. For more information on the upcoming seminar or to learn more about NAFE, go to nafe.org.
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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, 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
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 in paperback or for your Kindle device. 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 Father's Day!!!
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