scholarly journals Effects of Evidence Spoliation on Forensic Engineering Analysis of Alleged Brake Servicing Defects

Author(s):  
John Leffler

A forensic case involved an allegation of defective minivan brake repairs. On a wet two-lane road, the minivan left the road while stopping, and impacted a telephone pole. The plaintiff driver’s complaints implied a dragging brake, and the plaintiff ’s expert reported a bent lower caliper bolt. This forensic investigation involved instrumented exemplar analysis of the effects on caliper drag that could be caused by a bent caliper bolt. The investigation methodology was chosen (in part) based on significant evidence spoliation on the part of the plaintiff ’s expert. This paper will also discuss the effects of the spoliation and resulting limitations on the scope of the analysis.

Author(s):  
John Certuse

According to the Insurance Institute, frozen pipes are one of the leading causes of building damage in the United States. In the forensic engineering analysis of building damage due to burst pipes, fuel tank runout orexcessive thermostat setback are common causes of these losses — and may lead to a fuel provider being culpable for a late fuel delivery or the property owner being responsible due to excessively turning down thermostat settings. This paper will address the relationship between thermostat settings and fuel consumption. From abuilding’s demonstrated fuel consumption and known thermostat settings, corresponding changes in thermostat settings and the resulting fuel consumption will be discussed. Department Of Energy adjustments for fuel savings in relation to thermostat setback will be discussed as well as a fuel usage study in an exemplar home. Forensic case examples utilizing this relationship will also be presented.


Author(s):  
Mark Bruley

The Approach To Forensic Investigation Of A Medical Device Related Accident Differs From That For Consumer Products, Industrial Equipment, And Vehicles. Techniques For Investigating And Providing Case Assistance Related To Suspected Medical Device Incidents Are Presented, Including Essential Elements Of The Investigation, Investigative Techniques, And Information Resources On Device Failures And Standards. User Error Versus Design Defect Is Discussed, Along With The Causes Of Medical Device-Related Incident And The Mechanisms By Which They Cause Injury And Death. Since A Patient Is A Variable Biological System, It Must Also Be Considered That The Alleged Cause Of The Incident Was Not Attributable To The Medical Device.


Author(s):  
Paul G. Swanson

A Forensic Investigation Involving Non-Destructive Techniques Was Used To Demonstrate The Cause Of Retaining Wall Damage. Roots From A Large Tree Had Caused Damage To A Retaining Wall And A Sanitary Sewer Line In A Townhome Complex. The Resulting Dispute Between Neighbors Changed A 68-Year-Old Precedent In State Law.


Author(s):  
Paul G. Swanson

A Forensic Investigation Was Conducted Into The Flooding Of Several Below-Grade Apartment Units To Determine The Proximate Cause Of Water Infiltration And Subsequent Mold Damage. The Paper Describes How The Construction Of The Corrective Design Installed By The Plaintiff Expert Led To Discovering The Mechanism And Cause Of The Flooding And Supported The Defendant Case.


Author(s):  
D.S. Sax Saxena ◽  
Saxena Anu

The Influence Of Construction And Pile Driving Vibrations On Surrounding Buildings, Including Hospitals And Eye Examination Facilities, Sensitive Devices Such As Computers And Surgical Microscopes Or Electronic Machines, And People In The Urban Environment Is A Significant Consideration In Obtaining Project Approvals From Appropriate Agencies And Authorities. Implementation Of Construction Projects In Areas Adjacent To Existing Buildings (Aged, Historical, Residential, Commercial, Industrial, Medical Services, Or Electronic Services) Creates Additional Difficulties. Specialized Case History Is Presented Where Damage To Sensitive Structures From A Variety Of Vibratory Construction Methods Ranging From Pile Driving, Highway Construction, Rock Excavation And/Or Blasting, Was Considered. Twenty Homeowners From A Residential Subdivision In The Florida Panhandle, Claimed Damage Including Cracking To Their Properties During Construction Of Various Portions Of City Storm Water Treatment/Enhancement Project. It Was Also Alleged That During Excavation And Construction Of Drainage Structures, Especially Four Subsurface Treatment Vaults That Required Installation And Extraction Of Sheet Piles Using Vibratory Hammer, Stability Of The Nearby Residential Structures Was Endangered And Resulted In Movement/Cracking. Forensic Engineering Analysis Was Effectively Utilized To Identify, Investigate, And Remediate The Concerns As Well As Assist In Litigation And In Some Cases Avoidance. This Technical Paper Presents Some Legal Issues Related To Litigation, Mediation, And Resolution Involving Jurisprudence System And Introduces A Case History That Includes All Elements Of Forensic Engineering.


Author(s):  
Curtis E. Falany

Lightning Is A Powerful And Dangerous Natural Force. It Is Capable Of Inflicting Significant Damage To Our Environment And Causing Injury Or Death In Living Organisms. Electrical And Electronic Circuits Are Particularly Susceptible To Lightning, Both From Direct Strikes And From Lightning Induced Electrical Surges. Fires Often Result From Lightning Strikes. Injury And Death Can Result From Both Direct Strikes, Lightning Induced Electrical Surges, And Indirectly From Structure Damage And Fires. The Insurance In-Dustry Offers Coverage For Lighting Related Losses And A Forensic Engineer Is Often Consulted To Assist In Adjusting The Claim.


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