2005
Annual Conference
October
14 and 15, 2005
Seminar Location and Accommodations:
Williamsburg
Marriott, 50 Kingsmill Road, Williamsburg, VA 23185;
(757) 220-2500
*Complete the enclosed Hotel Reservation form and return to Monica
Cole for your reservation. Due to the
limited size of our group, this will prevent any confusion and guarantee our
block rate.
Room
Rates: $109.00, plus tax Dbl or King
Seminar Registration Contact:
Ms. Monica M. Cole
Paralegal
to Paul R. Thomson, III
Assistant
to Fred Sylvester, Director of Litigation Services
Michie, Hamlett, Lowry,
Rasmussen, & Tweel, PLLC
120 Day
Avenue, SW
Roanoke, VA
24016
Office: (540)725.5192 Facsimile: (540)725.5199
Seminar Schedule:
Thursday, October 13, 2005
5:00 PM - 8:00 PM Reception
in the Terrace Room
(Hot
hors d'oeuvres and cash bar)
October 14, 2005 Friday
8:00 AM - 8:20 AM Registration (Meeting in Room
16)
8:20 AM - 8:30 AM Welcome
8:30 AM - 9:50 AM Understanding, Using and Obtaining
Commercial Driver’s Daily Logs
Charles Roush
The trucking industry’s Achilles heel and the area of greatest exposure to punitive damage awards in civil litigation will potentially enable the following:
Clearly demonstrate to a jury the detailed and long standing knowledge a trucking company had concerning the illegal and unsafe activities of their drivers prior to a crash, and the probable existence of driver fatigue as a causative factor, through the detailed reconstruction of the driver’s log;
Learn what documents are required to be maintained by the trucking company concerning the movement and activities of a truck driver operating over the public highways;
Interpret satellite communication and positioning data, as well as electronic control module (ECM or black box) downloads, and the utilization of specific mileage programs to determine the truth about a truck driver’s operation and activities in the days, weeks, and months before the collision occurred;
Understand how easy and non0burdensome it is for a trucking company to monitor (supervise) the activity and movements of the drivers on a timely basis, presuming the have the will and interest to do so.
10:00 AM - 11:20 AM Commercial Vehicles Crashworthiness and Cab Design Jack Hayes, P.E. The Warren Group, LLC, Columbia, South Carolina
Jack Hayes, P.E. is a Mechanical and Product Testing Engineer with the Warren Group, Columbia South Carolina, who performs specialized consulting and training related to personal injury or property loss analysis and the analysis of designs with regard to safety, patents, and intellectual property. Jack obtain his Bachelor of Science in Mechanical Engineering for the University of Michigan and his Master of Business Administration from Colorado State University. Prior to working with the Warren Group, Jack was the owner and Chief Engineer for Hayes & Associates Engineering, designing and developing innovative consumer products, product analysis and design for traditional and CNC machining systems. His extensive background in patent applications, plastic injection molding, metal stamping, rolling and forging tools, and quality management testing has given been a well rounded background with respect to commercial vehicle crashworthiness, bicycles and related components, gun smithing and firearms, many metallurgical related issues. Jack is a member of the American Society of Mechanical Engineers, National Society of Professional Engineers, the Society of Automotive Engineers, and the Society of Manufacturing Engineers. In addition to maintaining Professional Engineer registration status in California and Colorado, he holds several certifications related to firearms and diving.
11:30 AM - 12:50 PM Working
Lunch with Knights of the Round Table
An Open Discussion of Experts to Use, to Avoid and the New Kids on the Block; Troubleshooting Case Specific Issues
Steve Lockman, CLI, FCI,
Levin, Papantonio, Thomas, et al, Pensacola, Florida
We each have our preferences and who we like. We each have those we retain, so we don’t have to deal with them down the road. We each have those that we avoid due to professional indifference. Now is it time to share.
We will openly discuss and provide information regarding various experts in various areas of expertise and put them up for discussion regarding all forms of personal and professional issues;
We will openly share the good , the bad, and the ugly of those we hire as experts in their respective fields of knowledge
In closing we will hash out our case specific issue which have occurred through investigation or litigation and as a collective effort attempt to resolve those matters.
Steve Lockman is a Senior Legal Investigator with the law firm of Levin, Papantonio, Thomas, Mitchell, Echsner, & Proctor, P.A., Pensacola, Florida. Steve is a graduate of Florida State University where he obtained his Bachelors in Criminal Justice. He is an active member of the National Association of Legal Investigators, the Inner Circle of Investigators, and serves as Chairman on the Florida Board of Certified Investigators. Steve is Certified Legal Investigator by examination through the National Association of Legal Investigators (‘99) and a Charter Florida Certified Investigator (99) through the Joint Committee Certification in Florida. During his tenure with the law firm of Levin, Papantonio, et al., his knowledge and skills have been expanded in his pursuit of investigating claims for the firm and their clients. Steve has gained a vast amount of knowledge and experience in personal injury investigations involving motor vehicle collisions, commercial transport vehicles, multiple vehicle collisions and rollover accidents. His knowledge and experience of product liability case involves motor vehicles, after market motor vehicle add ons, gym equipment, motorcycle helmets, bicycles and a host of other products.
1:00 PM - 2:50 PM Commercial Driver Fatigue Charles Roush
Fatigue is a major causative factor in many, if not most, tractor trailer involved crashes.
How do you determine to a probability, as to whether or not, fatigue is a causative factor and that the trucking company knew or should have known that it’s driver was likely fatigued before the collision;
What do trucking company professionals understand about sleep deviation, circadian rhythms, and quality versus quantity of sleep;
Determine the point in which fatigue can be quantified with blood alcohol equivalents;
Understand what circumstantial evidence is needed at a minimum, to conclude that a professional truck driver was fatigued at the time of the collision, since there is no blood or litmus test for fatigue.
3:00 PM - 3:50 PM Experts: What to Look for and What You Need to Consider When Hiring an Expert, Then Controlling Their Expenditures. James W. Harbert CLI, FCI , Technical Management Services, Pensacola, Florida
An expert should be fair and impartial. The expert should be above the fray insofar as he is charged with informing the court and the jury of the scientific application of engineering principles to the investigation of accidents. If these principles are based in science the expert’s opinion should be firm. Other experts looking at an accident and applying those scientific principles to the accident should come up with the same opinion.
The first thing that we learn is that there is nothing firm or solid about any expert opinion. They differ depending on the expert, who hires the expert, and when he/she is hired. So should it be, “whoever has the best expert or the most expensive expert wins?”
Probably not, but we do know that an unqualified, ill prepared expert will loose a case. If your expert has not done his homework and is not prepared to testify to the facts in your case, your client will suffer. What do we look for in an expert?
Look for a person eminently qualified in his field, a person who is willing to research your position, find the industry standards, read all of the material that you supply to him, make suggestions and form firm, fully informed opinions based on the state of the art, the science, the facts and his experience;
Look for a person who is pleasant, likable and experienced in court. Our expert should be honest and dependable with a clean background and no prior problems testifying.
Jim Harbert has an AS in Law Enforcement (72), a BA in Public Safety (74) and an MS Degree in Criminal Justice Administration (78). Jim is a Certified Legal Investigator by examination through the National Association of Legal Investigators (85) and a Florida Certified Investigator (99) through the Joint Committee on FCI Certification in Florida. Jim has published over 50 articles and two book chapters in the area of investigation winning six editor/publisher awards from the National Association of Legal Investigators. In 2000 Jim was named one of the Top 25 Investigators of the Century by the National Association of Investigative Specialists. Jim's newest book, Techniques in Complex Civil Investigations, is available through his website and the Inner Circle of Investigators website. Jim is the owner of Technical Management Services and has conducted plaintiff's tort investigations and criminal defense investigations for over 25 years for the law firm of Kerrigan, Estess, Rankin & McLeod in Pensacola, Florida.
Saturday, October
15, 2005
8:30 AM - 9:20 PM Researching Their Experts and
Yours on the Internet
Cynthia Heatherington, Heatherington Information Services, LLC, Haskell, NJ
Internet research is viable and an excellent tool; however, research on the web may consume an investigators time and energy just through general search engine perusal. How does one reduce their efforts through proper time management and obtain good data with “Invisible Web” sites and what do they offer when researching experts for court.
Beginning with the basics of search engines, we will examine sites and sources where subject experts would appear. From here we will retool on fee based services, media sources, archives, newsgroups, government databases, blogs and other services that help pinpoint our subject;
Beyond the gathering process, we will begin to analyze the content and source material for any and all clues when investigating the background of these individuals. The techniques shown are born from library and computer science and tailored to investigators needs;
Moving to open sources research and public record examination to the next level our goal is to track individual’s information from the CEO to the mail room technician;
Finally, we will emphasize the “opt-out” feature in these sites, which is important to know for public service and security personal for the safety of themselves, their employers, and their families.
Cynthia Hetherington is principal of Hetherington Information Services, LLC, a New Jersey based Competitive Intelligence and Business Research consultancy. She has over 10 years of experience in conducting text based, Internet and online database research, including a specialization in training law enforcement and private industry professionals' online investigative skills. She holds a Master of Library Science from Rutgers University and a Master in Science for the Management of Information Systems from the New Jersey Institute of Technology. Publisher of the Data2know.com: Online and Internet Intelligence Newsletter. Cynthia is a member of the American Library Association, American Society for Industrial Security, National Association of Legal Investigators, Association of Independent Information Professionals, High Technology Crime Investigation Association (Northeast Chapter), Institute of Electrical and Electronics Engineers, National Council of Investigation & Security Services, Inc., NJIT Alpha Epsilon Lambda Honor Society (Past President), Licensed Private Investigator in the State of New Jersey.
9:30 AM - 10:20 AM Heavy Truck Fires Cam Cope… The evaluation of Fire Causes in Trucking Accidents. The placement of tanks in relation to the frame and other components such as the Battery boxes, bolts, steps, etc. Alternative designs for protection of the current tanks as well as the relocation of the tanks to within the frame rail. Legal issues, black box or engine data retrieval. Use of digitizing the scene and the vehicle in the reconstruction of an accident.
10:30 AM - 11:20 AM Commercial Vehicle
Rear End Collisions and Under Rides (Panel Discussion)
Jack Murray, CLI
J. W. Murray, Jr. Investigation, Dallas, Texas
Robert Parke, CLI, BCEP
Fonvielle, Lewis, Foote & Messer, P.A.
Brian Barton
Brian Barton Investigations, Pensacola, Florida