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100% Defense Verdict in Forklift Case

Reviewed by a Mechanical Engineering Expert Witness

TASA ID: 7934

About 10:30 am on the morning of 26 October 2007, Jose Avalos was delivering slabs of granite to a local installer.  The countertops were being loaned to the installer to be displayed at an open house barbeque for customers that was to take place later that day.  Mr. Avalos brought two A frames and between four and eight slabs of granite on a 20' flatbed gooseneck trailer.
 
Upon arrival, two of the installers employees proceeded to unload the truck.  One of them drove a Hyster forklift that had a custom boom attached to the forks and had a gravity clamp (Abaco Lifter) that hung down from the end of the boom.  The lifter was at the end of the boom. The setup is shown below:

Non-Operating Room Anesthesia (NORA)

TASA ID: 16893

As technology improves in the health care world, more types of medical and surgical interventions are taking place in venues other than the operating room. Stand-alone surgical suites, endoscopy suites, interventional radiology, and dental procedures are just some examples of patient care environments that are an operating room alternative.

Dumbing Down Hydrology

TASA ID: 651

This article was originally published in the July/August 2016 issue of Stormh2o.com.

Why are we dumbing down hydrology for engineers? When I say, "dumbing down," what I mean is that we (the stormwater profession) are telling engineers to use pre-computer, simple methods and techniques to size stormwater facilities.  I recently asked a noted, national stormwater expert this question, and his response was (to paraphrase him), "We need to keep things simple because 99% of stormwater design is being done by a general civil engineer using somewhat dated models, or simple automations of older methods, for whom the stormwater design is about 10% of what he does." That may be true, but it is hardly an appropriate excuse.  Today in the United States, we spend billions of dollars on stormwater management. For that much money, isn't it important that we use the most accurate tools and methods available? So, why in most parts of the country are we still using pre-computer, slide rule hydrology to do our calculations?

TROUBLED STRIP CENTERS BREED WRONGFUL DEATH LITIGATION

TASA ID: 396

Virtually every one of my dozen plus cases of wrongful death and/or serious injury has occurred in troubled, older strip centers that have gone through several different ownerships. Only one case has involved a major mall REIT as owner. This fact alone tells me that these centers are usually not professionally operated or managed. 

What is an Appraisal?

TASA ID: 379

It may seem like a silly question, but often the silly questions are the best.  What exactly is an appraisal? The answer and its consequences may surprise you, whether you are a professional appraiser, one that uses appraisal services, or just an interested third party.

According to the Uniform Standards of Professional Appraisal Practice, an appraisal is the act or process of developing an opinion of value.  To be even simpler, it is an opinion of value.  Anytime a “professional” places the monetary worth on an item, whatever the item might be, the result could be called an appraisal.  This could be expressed numerically; it usually is, but it could also be rendered as a relationship (“it’s worth more than a trip to Disneyland”).


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