Chancey has delivered dozens of presentations pertaining to concrete materials science and structural failures to a wide range of audiences; including university faculty, engineering undergraduate and graduate students, insurance industry representatives, attorneys, and engineering peers. Additionally, Dr. Chancey has authored 10 peer-reviewed publications, including a chapter in a respected textbook of nanophysics.
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Chancey has provided expert testimony in deposition, mediation, arbitration, and trial. Turner is a North America-based and international construction services company. Kathy R. Davis is a shareholder with Carr Allison and is a resident in the firm's Birmingham, Alabama, office. She serves as Chair of the firm's Construction Law Group, focusing her practice on handling construction law cases, general litigation cases, product liability cases, and insurance coverage matters. Davis is recognized as "approved construction counsel" for several major liability insurance carriers.
She is a frequent author and lecturer on topics involving construction law and insurance coverage. In addition she was chosen as one of Birmingham's Top Women Attorneys in Davis' practice includes a significant amount of construction related litigation and she has represented general contractors, subcontractors, developers, owners, architects, engineers, and suppliers in litigation, mediation and other proceedings in connection with construction contracts and projects. Duncan E.
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Doss has provided forensic engineering consulting services in a number of areas, including cause and origin investigations and damage determinations regarding performance issues and failures associated with construction and civil and structural engineering designs. He has also served as an expert witness in many cases. Thomas C. Easley is a Materials Engineer in the Columbus, Ohio office. Prior to joining S-E-A, Tom led technology development programs to introduce diamond composite products to new application areas, mostly focused in mining and construction markets.
His work has included developing brazing techniques for joining thermally stable diamond composites to tungsten carbide and high pressure sintering of diamond composites. He has extensive experience in materials testing and characterization as well as manufacturing quality improvement Six Sigma. Stephanie U. In addition, Stephanie represents commercial owners, developers, general contractors, subcontractors and construction material suppliers in North Carolina, South Carolina, and Florida.
Andrew R. Andy has over 20 years of trial practice and litigation experience and concentrates in the defense of matters involving professional liability, construction defect, construction work site accidents, products liability, premises liability, personal injury, employment and contract disputes. Andy is a trained mediator, having completed forty hours of mediation training in accordance with M. Robert V.
Bob Fitzsimmons is an experienced trial lawyer specializing in complex civil litigation. Bob's principal practice involves the defense of general contractors, builders and developers in construction defect litigation involving high rise condominiums, low rise condominium projects, single family developments and commercial projects throughout the State of Florida. His experience includes construction product class action and federal multidistrict litigation, most recently serving as lead national counsel for all contractors in the Chinese Drywall multi-district litigation. Bob's practice also includes significant products liability and general liability cases.
Aron J. A, is an experienced construction dispute and product liability litigator with a nationwide litigation practice. Aron has substantial experience in defending companies against putative nationwide class actions and complex product liability claims. He has successfully defended purported class actions and individual cases relating to allegedly defective products, alleged breaches of warranties, allegedly deceptive online displays, alleged negligent misrepresentations, and alleged violation of various consumer fraud statutes.
Aron has represented companies in virtually all facets of litigation and alternative dispute resolution, including before federal and state trial courts throughout the United States, arbitration tribunals, and various appellate courts. Eileen R. Eileen has 17 years of experience in general liability and insurance defense, specializing in construction accident and New York Labor Law litigation, negligent security claims, premises liability, municipal liability and long-term care litigation.
Some of Eileen's clients include well-known property owners, contractors, subcontractors, construction managers, design professionals and private security companies. Eileen routinely handles high profile and significant exposure actions from pre-suit investigation through trial.
Diana M. Gerstberger has over 17 years' experience in the insurance industry as a claims adjuster and insurance defense counsel. Gerstberger is licensed to practice in California. Jon A. He is a certified mediator. He is a member of the mediation panel for San Diego Superior Court. His practice includes construction, tort, real property and mediation matters. He has published multiple articles in DRI publications, including articles on expert witness practice, trends in construction law, green building litigation and elder abuse arbitration issues, as well as the California supplement to the DRI Construction Law Desk Reference.
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Ryan L. Licensed in California and Texas, Ryan's practice is focused on construction disputes and other complex tort litigation. He has represented general contractors and subcontractors in matters involving a wide variety of structures, including commercial and residential buildings. Stephen J. Steve is a skilled litigator, nationally recognized for results in complex construction, real estate, business and toxic tort litigation. He regularly represents Fortune companies and preeminent members of the business community, including some of the nation's largest residential and commercial public and private owners, homebuilders, developers, investors, contractors and lenders.
A thought leader in the construction arena, he is frequently speaker and publisher of cutting edge topics. Oliver Award for contribution to the construction-defect community. Kenneth L. Homfeld has worked over 40 years in the engineering and construction industry. Homfeld is experienced in construction claims preparation and analysis; construction accident investigations; construction defect analysis; errors and omissions analysis; builder's risk claims; surety claims analysis; and crane and rigging failure analysis. He also has served as expert witness in many cases.
David S. He specializes in industry advocacy in the areas of construction law and risk management. Jaffe focuses on identifying legal issues of concern to the building industry and proactively developing effective legal strategies to help builders minimize their liability and improve their business performance. Cowley was not upset by the allegations made against Ferguson and did not think the complaints reflected badly on Ferguson or his managerial competence.
Medical Technicians and Technologists
Ferguson was never disciplined in connection with these complaints. Cowley saw the clothes changing complaint as "overblown'" and hoped that "the whole thing would go away very quickly" because he did not want the incident to reduce Ferguson's ability to function in his job. However, ultimately, Cowley believes the clothes changing complaint "was just one of the things that diminished the [staff's] respect" for Ferguson. Cowley subsequently had a meeting with all the PhysGen laboratory staff to discuss the complaints and the manner in which they were made.
During the meeting Cowley was angry that the complainants had not initially discussed their concerns with Kunert or Dwinell, Messinger, or him before proceeding to the Human Resources office. Ferguson believes that the laboratory technicians took Cowley's remarks during the meeting as a rebuke. Kunert subsequently sent an e-mail to the staff which Ferguson believed reinforced his view that the technicians needed to address personnel questions to him and obey him.
The drug L-NAME is given to the rats for a specified number of days to precondition them for use in protocols.
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Kunert testified that L-NAME is an inhibitor of nitric oxide synthase which causes a decrease in the production of nitric oxide synthase. Such decrease causes vasoconstriction which increases blood pressure. Late on the Friday afternoon in question, Kunert reminded Ferguson that he needed to administer the L-NAME to the rats and pointed out that the lights in the rat housing area went off at p. Ferguson assured Kunert he would accomplish the task. However, the preceding day, Sunday, February 3, , Ferguson sent a one page e-mail to Cowley reporting observations that he made on Saturday and Sunday which lead him to believe that regular water might have been substituted for the water containing L-NAME that the rats were supposed to be given.
On Tuesday, February 5, , Kunert received a report that Ferguson had given the wrong drinking water to the rats and had then switched the drinking water. At his deposition in this case, when asked if he gave L-NAME to the wrong rats, Ferguson responded "[n]ot to my recollection," and "not to my knowledge. At his deposition, Brill, a PhysGen senior research technician, testified that Ferguson "scrambled to fix whatever problems, and he was always scrambling. So he made sure what ever the problem was.
PDF Careers in Focus Engineering (Ferguson s Careers in Focus) On Book
And I began to take responsibility of the task and making the water for him. Relying upon paragraph 20 of his declaration, Ferguson opposes paragraph of the Medical College's proposed finding of fact upon which this statement is based. The Medical College asserts that Ferguson's objection is based on inadmissible hearsay evidence and moves to strike paragraph 20 of Ferguson's declaration.
That paragraph states "On Tuesday, February 5, , Sherry Hahn told me that one of the [Animal Resource Center "ARC"] staff had told her that the staff person had observed over the weekend that water had leaked into one rat box and so had moved the rats to a new box with new water. Hahn told me that she had reported this to. The Medical College's objection is well-founded. Ferguson's report of what Hahn told him that she had told Kunert, that she Hahn had been told by an unidentified ARC staff member, contains multiple levels of hearsay and is inadmissible.
See Haywood v.
Lucent Techs. Ferguson opposes paragraph of the Medical College's proposed findings of fact upon which this statement is based. A party may not create a genuine issue of fact by contradicting his own earlier statements, at least without a plausible explanation for the sudden change of heart. Volkswagen of Am. Bonds , F. Ferguson has provided no explanation for his ability to recall in his declaration that which he previously was unable to recall at his deposition.
The objection is sustained and paragraph 21 of Ferguson's declaration is struck. Based on her belief about what happened, Kunert told Ferguson that he had no integrity and that she had concerns about his work. Kunert claims that when she confronted Ferguson about not immediately disclosing the L-NAME miswatering to her on the Monday after it had occurred, Ferguson explained that he did not have the time because that day he had gone with C.
Jones to the security department to discuss some harassing e-mails C. Jones was receiving. Kunert admits that C.