Water, Wastewater, Hydraulic & Forensic Engineeering
As an expert in construction, civil engineering and water, sewer, wastewater and hydraulic engineering as well as experienced in operation and maintenance of the related facilities, John Shaw, P.E. is often asked to provide consulting and/or expert witness/forensic services to the legal profession, insurance companies and other engineering firms.
Forensic services typically include “mode of failure” analysis, review and critique of design and/or operations and maintenance, engineering “standard of practice or care” review as well as detailed engineering analysis, product suitability and construction defect issues.
John Shaw works widely as both an expert consultant and expert witness on forensic projects. Understanding the distinction between the two engagements and their implications in the discovery process is important during the process of case evaluation and advising legal counsel. John has devoted and continues to spend significant time and effort in learning and understanding the legal nuances associated with expert participation in the judicial process.
Wayne W. Flint vs. Ice Services, Inc., Civil Case No. 3AN-09-011163
This case involves the wrongful termination of a wastewater treatment plant operator in Prudhoe Bay, Alaska. I have been asked to review documents regarding the wastewater treatment plant’s operation and regulatory compliance as well as the allegations of the operator in question.
Reference:
Mr. Terry Venneberg, Esquire
Terry A. Venneberg, Attorney at Law
3425 Harborview Drive
Gig Harbor, Washington 98332
(253) 858-6601
www.washemploymentlaw.com
San Diego County Water Authority vs. MWH Global (2010)
This case involves the design and construction of a 110-inch diameter water line, pump station and hydro-electric power plant in San Diego County, California. The potable water line is approximately 2.5 miles in length and has an elevation difference of approximately 300 vertical feet. I have been asked to review documents as well as the site.
Reference:
Steve Seleb, Senior Counsel
Brandon D. Saxon, Esquire
Gordon & Rees LLP
101 W. Broadway, Suite 2000
San Diego, California 92101
(619) 696-6700
www.gordonrees.com
Kinkle vs. Lewis (2010)
This case involves the design, construction and permitting of a Rainey well facility located in Fallon, Nevada. I have been asked to review documents as well as the site.
Reference:
John Aberasturi, Partner
Erickson, Thorpe & Swainston, Ltd.
PO Box 3559
Reno, Nevada 89505
(775) 786-3930
www.etsreno.com
XXX vs. Marathon Oil (2010)
This case involves the discharge of fuel into a public sewer collection system located in Parma, Ohio. I have been asked to review documents as well as the site.
Reference:
Allen Stewart, Esquire
Allen Stewart, P.C.
Republic Center
325 North St. Paul Street, Suite 2750
Dallas, Texas 75201
(214) 965-8700
www.allenstewart.com
Schroedle-Wojatske vs. Pojoaque Terrace (2010)
This case involves the most unfortunate demise of a man at a wastewater treatment facility located in Santa Fe, New Mexico. I have been asked to review documents as well as the site.
Reference:
Randy Bartell, Esquire
Montgomery & Andrews
PO Box 2307
Santa Fe, New Mexico 87504-2307
(505) 982-3873
www.montand.com
Rose Hall Resort, LP vs. Ritz-Carlton Hotel Company, or Jamaica (2009)
This case involves the sewage treatment plant that treats all of the sewage associated with the Ritz-Carlton Hotel located in Rose Hall, Jamaica. I have been asked to review documents in order to understand the design, regulatory codes, operation, and maintenance and management of the facility. This case is scheduled for arbitration in 2010.
Reference:
David A. Handzo, Esquire
Lindsay C. Harrison, Esquire
Matthew J. Dunne, Esquire
Jenner & Block
1099 New York Avenue, NW
Washington, DC 20001-4412
(202) 639-6866
www.jenner.com
Reep vs. City of Milwaukee (2010)
This case involves the sewage inundation of over 100 homes located in Milwaukee, Wisconsin. The inundation event occurred in coincidence with a significant rainfall event. The homes are provided sewer service by the Milwaukee Metropolitan Sanitary District (MMSD). I have been asked to review the specifics of the event as well as the regulatory codes, and maintenance practices and programs of the MMSD.
Reference:
Barry White, Esquire
Chris Trebatoski, Esquire
Weiss Berkowski Brady, LLP
700 N. Water Street, Suite 1400
Milwaukee, Wisconsin 53202
(414) 276-5800
www.wbb-law.com
Olympus-Calistoga vs. Taisei (2010)
This case involves the construction of a resort and spa located in Calistoga, California. I have been asked to review documents in order to determine if allegations of faulty construction are legitimate.
Reference:
William F. Wong, Esquire
Ericksen Arbuthnot
155 Grand Avenue, Suite 1050
Oakland, California 94612
(510) 832-7770
www.ericksenarbuthnot.com
Metro Commercial Properties vs. Landwell Co. (2009)
This case involves the low water pressure at a newly constructed building located in Las Vegas, Nevada. I have been asked to review documents to determine the cause of the low pressure with regards to liability.
Reference:
Ms. Tracy A. DiFillippo, Esquire
Jones Vargas
3773 Howard Hughes Parkway, Third Floor South
Las Vegas, Nevada 89169-0949
(702) 862-3300
www.jonesvargas.com
City of Portland vs. Kerr Constructors (2010)
This case involves the failure of a 30-inch diameter PVC sewage force main. The pipeline, which is over three miles in length, was constructed in approximately 2000 and includes an eight-pump, pump station. I was retained to review all available materials in order to determine the mode and cause of failure.
Reference:
Damon L. Henrie, Esquire
Dunn Carney Allen Higgins & Tongue LLP
851 SW 6th, Suite 1500
Portland, Oregon 97204
(503) 224-7324
www.dunncarney.com
Itani vs. Yorba Linda Water Company (2009)
This case involves the water supply provided by the Yorba Linda Water Company during a wildfire in southern California. I have been asked to review documents regarding the water supply and the response of the water purveyor to the fire event.
Reference:
Robert J. Wolfe, Esquire
Engstrom, Lipscomb & Lack
10100 Santa Monica Boulevard, 12th Floor
Los Angeles, California 90067
(310) 552-3800
www.elllaw.com
Hoenig vs. City of Los Angeles (2009)
This case involves the inundation of a residence located in Los Angeles, California. I have been asked to inspect the site and review documents in order to determine the cause of the inundation.
Reference:
Robert Tafoya, Esquire
Tafoya & Garcia
205 S. Broadway, Suite 300
Los Angeles, California 90012
(213) 617-0600
www.tafoyagarcia.com
Karen Heckman vs. Millie & Severson, Inc. (2010)
This case involves the backup and overflow of a sanitary sewer that serves a hospital in southern California. I have been asked to review documents to determine the cause of the backup.
Reference:
Karen Ho Vasey, Esquire
Christensen Ehret
1629 Cravens Avenue
Torrance, California 90501
(310) 222-8607
www.christensenlaw.com
Bank of America vs. City of San Francisco (2010)
This case involves the flooding of the Bank of America Data Center located in San Francisco, California. I have been asked to review the existing conditions and facilities and determine a mode of failure of the equipment and controls that bring and distribute water to the building.
Reference:
Franklin Dean Thomas, Esquire
Hines & Thomas
235 Montgomery Street, Suite 810
San Francisco, California 94104
(714) 879-4200
www.hinesthomas.com
Arnold vs. Young Homes (2009)
This case involves the failure of sewage disposal facilities constructed as part of a residential development located in southern California. I am taking part in a collaborative detailed site investigation to determine mode of failure and potential solutions.
Reference:
George Bojic, Esquire
Anthony Livesay, Esquire
Bojic & Livesay, LLP
One City Boulevard West, Fourth Floor
Orange, California 92868
(714) 879-4200
www.constructiondefects.us
Brown Deer vs. Milwaukee Metropolitan Sewage District (2008)
This case involved the sewage inundation of over 100 homes located in Milwaukee, Wisconsin. The inundation event occurred in coincidence with a significant rainfall event. The homes are provided sewer service by the Milwaukee Metropolitan Sanitary District (MMSD). I have been asked to review the specifics of the event as well as the regulatory codes, and maintenance practices and programs of the MMSD.
Reference:
Dave Dubin, Esquire
Macuga, Liddle & Dubin, PC
975 E Jefferson Avenue
Detroit, Michigan 48207
(313) 392-0015
www.mlclassaction.com
Academy of the Sierras (2008)
This case involves the failure of a leach field that serves a youth residential treatment facility located in Reedley, California. The leach field was designed and constructed in 2003 and demonstrated signs of failure almost immediately. I have been asked to review the investigations that have taken place to date, as well as the historical regulatory files, and provide recommendations and comments with regards to rehabilitation, repair or replacement, and liabilities.
Reference:
Craig Winterman, Esquire
Hertzfeld & Rubin, LLP
1925 Century Park East
Los Angeles, California 90067
(310) 553-0451
www.hrllp-law.com
Bookspan vs. City of Santa Barbara (2008)
This case involved the sewage inundation of a home located in Santa Barbara, California. The inundation event occurred in coincidence with a significant rainfall event. The home was provided sewer service by the City of Santa Barbara. I have been asked to review the specifics of the event as well as the regulatory codes, and maintenance practices and programs of the City of Santa Barbara.
Reference:
Dave Nye, Esquire
Nye, Peabody, Stirling & Hale, LLP
33 West Mission Street, Suite 201
Santa Barbara, California 93101
(805) 963-2345
www.nps-law.com
Birkholz vs. First Class Sanitation (2008)
This case involves the failure of a residential leach field and revolves around the proper operation and maintenance of the system, specifically, the historical pumping of the septic tank.
Reference:
Jared Simmons, Esquire
Simmons Law Offices, LLC
3877 N. Seventh Street, Suite 340
Phoenix, Arizona 85014-0001
(480) 998-1500
www.simmonslawoffice.com
Hebgen Lake Estates Owners’ Association vs. Gallatin County, Montana (2008)
This case involves the operation and maintenance of a community sewage system, including collection, transmission, treatment and disposal facilities. The system is owned by the Owners’ Association; however, it is operated and maintained by Gallatin County.
I have been retained to review the operation, maintenance, regulatory compliance, management and finances of the facilities by the County.
Reference:
Ed Guza, Esquire
Guza, Williams & Nesbitt
25 Apex Drive, Suite B
Bozeman, Montana 59718
(406) 586-2228
www.gwnlaw.com
Metro Commercial Properties vs. Landwell Co. (2008)
This case involves the water distribution system improvements required by the City of Henderson, Nevada, of a developer. In short, Metro purchased property from Landwell, and when Metro went to construct on said land, the City of Henderson required Metro to construct improvements to the water system. Metro contends that Landwell knew or should have known that the improvements were going to be required when the land was developed and should have made Metro aware of that prior to the purchase.
I have been retained to review the information available and to develop opinions regarding the issues being contested.
Reference:
Ms. Tracy A. DiFillippo, Esquire
Jones Vargas
3773 Howard Hughes Parkway, Third Floor South
Las Vegas, Nevada 89169-0949
(702) 862-3300
www.jonesvargas.com
City of Portland vs. EBBA Iron, et al. (2008)
This case involves the failure of a 30-inch diameter PVC sewage force main. The pipeline, which is over 3 miles in length, was constructed in the late 90’s and includes an eight-pump, pump station. I have been retained to review all available materials in order to determine the mode and cause of failure.
Reference:
James M. Daigle, Esquire
Brisbee & Stockton, LLC
139 NE Lincoln Street
Hillsboro, Oregon 97124
(503) 648-6677
www.brisbeeandstockton.com
Pleasant Springs Properties & Nevada Harvest Properties vs. Shadow Creek Properties of Nevada, LLC, Third Judicial Court of the State of Nevada (2007)
This case involves three mobile home parks located in Dayton, Silver Springs and Yerington, Nevada. Each park operates its own potable water (wells, storage, pumping, distribution, disinfection) and wastewater (collection, treatment and disposal) utilities. I have been retained to review the facilities as well as the operating, regulatory, construction and repair records of these utilities.
Reference:
Paul Matteoni, Esquire
Lewis & Roca, LLP
Bank of America Plaza
50 West Liberty Street, Suite 410
Reno, Nevada 89501
(775) 823-2900
www.lrlaw.com
Maryett vs. Preferred Properties, Sacramento Superior Court Case No. 03AS03046 (2007)
This case involves the Regency Mobile Home Park located in Sacramento, California. I have been retained to review the facilities as well as the operating, regulatory, construction and repair records of the wastewater collection system.
Reference:
Pamela G. Lacey, Esquire
Cooksey, Toolen, Gage, Duffy & Woog
535 Anton Boulevard, Tenth Floor
Costa Mesa, California 92626
(714) 431-1100
www.cookseylaw.com
Unknown vs. Lenare Community Services District, Fresno County Superior Court (2007)
This case involves the water quality issues associated with the District. I have been retained in this matter but have not been provided with the details or a course of work as yet.
Reference:
Robert Harding, Partner
Clifford & Brown, A Professional Corporation
1430 Truxtun Avenue, Suite 900
Bakersfield, California 93301
(661) 322-6023
www.clifford-brownlaw.com
Susan Reed vs. DR Horton Homes, Eighth Judicial District Court of Clark County, Nevada (2007)
This case involved defects associated with a private pool, spa and water features. I reviewed the design drawings for the facility, conducted an inspection and provided a brief report of my findings. The case is currently in its early stages.
Reference:
Andrew Green, Esquire
McKay Law Firm, Chtd.
3295 N. Fort Apache Road, Suite 150
Las Vegas, Nevada 89129
(702) 835-6956
www.mckaylawfirmchtd.com
Nagle vs. City of Los Angeles (2008)
This case involved the sewage inundation of a home located in Pacific Palisades, California. The home was provided sewer service by the City of Los Angeles, which contended that the inundation was due to a faulty and/or inadequately maintained sewer backflow valve. I was asked to review the condition and maintenance of the backflow valve as well as the operation and maintenance of the sewer main, which was the source of the sewage. The sewer main had plugged due to inadequate maintenance and an inappropriate root control program.
I was deposed and testified at trial in front of a jury. The jury found that the sewer backflow valve did not malfunction and was properly maintained and that the City’s operation and maintenance of its sewer infrastructure was inadequate.
The jury awarded the Plaintiff $650,000 plus legal fees.
Reference:
Mr. Ilan Heimanson, Partner
Pocrass, Heimanson & Wolf, LLP
1925 Century Park East, Suite 1360
Los Angeles, California 90067
(310) 550-9050
www.phwlaw.com
John F. Sharkey, et al. vs. Reno Corporate Center, LLC, et al. (2007)
This case involved the flooding of several homes located in southeast Reno, Nevada. The subdivision has flooded historically every few years; however, capital projects were designed and constructed in 1991 by the City of Reno to prevent flooding in the future. In 2005/2006, flooding reoccurred during a heavy rain event. I was retained as an expert consultant in this matter and reviewed the history of the area and its watersheds over the past 30 years and the design of recent developments downstream of the subdivision, as well as other material. My client’s party, a Reno Engineering firm, was released from the litigation.
Reference:
John Boyden, Partner
Erickson, Thorpe & Swainston, Ltd.
PO Box 3559
Reno, Nevada 89505
(775) 786-3930
www.etsreno.com
Darrell & Valerie Wildman vs. Lake of the Woods Mutual Water Company, Inc. and Patrick Banfield, Kern County Superior Court Case No. S-1500-CV-258109 (2007)
This case involved claims made by customers of the Mutual Water Company regarding the water quality provided as it pertained to specific health ailments. I was retained to review operational and regulatory records of the water company. This case was settled prior to court.
Reference:
Robert Harding, Partner
Clifford & Brown, A Professional Corporation
1430 Truxtun Avenue, Suite 900
Bakersfield, California 93301
(661) 322-6023
www.clifford-brownlaw.com
John E. Holloway & Ann Holloway, Husband & Wife vs. County of Storey, a Political Subdivision of the State of Nevada, Ex REl Department of Public Works, et al., Case No. CV 20037 (2007)
In this case, the home of a sewer customer of the Storey County Public Works Department was inundated with raw sewage as a result of a sewer main blockage. The sewer main was owned, operated and maintained by the Storey County Public Works Department. I reviewed materials and provided expert opinions on the source of the inundation, and the management, operation and maintenance programs, policies, procedures, personnel and funding of the Public Works Department. I was declared as an expert witness; however, I was not deposed. Shortly after I was declared, the defendant made an offer to settle, which was accepted by the plaintiff.
Reference:
Gordon Cowan, Esquire
Cowan Law Office
1495 Ridgeview Drive, Suite 90
Reno, Nevada 89519
(775) 786-6111
Pureleau vs. Town of Ladysmith, BC, Canada (2007)
This case involved a manufacturer of wastewater treatment equipment and a town in British Columbia, Canada. I reviewed the agreements between the two parties as well as some performance testing and analysis that was performed by a third party engineering firm. At issue in this matter was whether or not the engineering firm acted reasonably in its evaluation of the performance of the manufacturer’s (Pureleau) product. The litigation was dropped.
Reference:
J. Kenneth McEwan, Q.C., Partner
Farris, Vaughan, Wills & Murphy, LLP
25th Floor, 700 W Georgia Street
Vancouver, BC V7Y 1B3
Canada
(604) 661-9356
www.farris.com
State of Arizona vs. Brent Henry Weidman, Superior Court of Arizona, County of Yuma Case No. 53 SGJ 70 (2006)
This case was a criminal prosecution (two counts of manslaughter, one count of aggravated assault and one count of endangerment) of the Chief Executive Officer (CEO) of Far West Water & Sewer, Inc. (FWW&S), an Arizona Corporation that provides operation and maintenance services of both potable water and municipal and industrial wastewater utilities. In 2001, two men died at a wastewater treatment facility at which a crew from FWW&S was present. One of the men who died was an employee of FWW&S, and one was employed by a third-party contractor. The State of Arizona criminally prosecuted the companies that employed the two men who died (FWW&S and Santec Corporation, a Colorado Corporation). Santec pleaded guilty and FWW&S was found guilty of various charges.
In this case, I reviewed deposition and trial transcripts (from the trial concerning the companies), the operations and maintenance and safety program for FWW&S, safety training of staff, safety equipment inventories, certifications and licensure and other relevant qualifications of staff members of both companies.
I issued a preliminary report and was interviewed by the Arizona Attorney General’s office.
The jury in this case convicted Mr. Weidman of two counts of negligent homicide and two counts of endangerment.
Reference:
Michael D. Kimerer, Esquire
Amy Lynn Nyugen, Esquire
Kimerer & Derrick PC
221 E. Indianola Avenue
Phoenix, Arizona 85012-2002
(602) 279-5900
Andersen vs. City of Ferndale, Washington, Superior Court of Washington, County of Whatcom Case No. 03-2-00070-8 (2006)
In this case, the home of a sewer customer of the City of Ferndale was inundated with raw sewage as a result of sewer main blockage. The sewer mains were owned, operated and maintained by the City of Ferndale. I reviewed materials and provided expert opinions at trial (jury) on the source of the inundation, and the management, operation and maintenance programs, policies, procedures, personnel and funding of the Mt. View Sanitary District.
The jury found in favor of the defendant and awarded $375,000.00 in damages.
Reference:
Steve Chance, Esquire
119 N. Commercial Street, Suite 275
Bellingham, Washington 98225
(360) 676-9700
Rubino vs. Mt. View Sanitary District, Superior Court of California, County of Contra Costa Case No. C05-01096 (2006)
In this case, the home of a sewer customer of the Mt. View Sanitary District was inundated with raw sewage as a result of a sewer main blockage. The sewer main was owned, operated and maintained by the Mt. View Sanitary District. I reviewed materials and provided expert opinions on the source of the inundation, the management, operation and maintenance programs, policies, procedures, personnel and funding of the Mt. View Sanitary District. I was deposed on two occasions and also testified at the jury trial twice.
The jury found in favor of the plaintiff and awarded damages in excess of $100,000.
Reference:
Heidi Coad-Hermelin, Esquire
Sternberg & Coad-Hermelin, LLP
540 Lennon Lane
Walnut Creek, California 94598-2415
(925) 946-1400
Malibu Highlands Maintenance Corporation vs. Malibu Highlands 30, Ltd; Premier Group, Superior Court of the State of California for the County of Los Angeles Case No. SC076373 (2003/2006)
In this action, the Home Owners Association (Malibu Highlands) took action against Premier Group (Premier), which is the original developer of the subdivision. As part of the subdivision, Premier had a sewer collection, treatment and disposal system designed and constructed to serve the development. The disposal system failed after several years of use.
In this case, I reviewed the design, regulatory review and approval, and also the operation and maintenance of the wastewater collection, treatment and disposal facilities. I also conducted an on-site invasive investigation to determine mode of failure of the disposal system and produced a report of my findings along with detailed recommendations and estimate of project cost and schedule.
The case settled in favor of the plaintiff. Defendant paid $2,900,000.
Reference:
George Bojic, Esquire
Anthony Livesay, Esquire
Bojic & Livesay, LLP
1400 N. Harbor Boulevard, Suite 615
Fullerton, California 92835
(714) 879-4200
Brian Kabateck, Esquire
Kabateck, Brown, Kellner
350 S. Grand Avenue, 39th Floor
Los Angeles, California 90071
(213) 217-5000
Burns vs. City of Los Altos, Santa Clara County Superior Court of California Case No. CV816239 (2004/2005)
In this case, the home of a sewer customer of the City of Los Altos, California, was inundated with raw sewage as a result of a sewer main blockage. The sewer main was owned, operated and maintained by the City of Los Altos, California. I reviewed materials and provided expert opinions on the management, operation and maintenance programs, policies, procedures, personnel and funding of the City of Los Altos Sewer Department.
This case was brought against the City of Los Altos on the legal basis of reverse condemnation. My testimony was provided in deposition as well as trial, where I was accepted as an expert in the field of sewer collection system design, management, operation and maintenance.
The case was decided against the plaintiff.
Reference:
Bill Adams, Esquire
David Lee, Esquire
Fitzgerald Abbott & Beardsley, LLP
PO Box 12867
Oakland, California 94604-2867
(510) 451-3300
www.fablaw.com
Harter Tomato Products vs. Harter Packing Partnership, JAMS Case No. 1130002079; Appeal 1130002455 Sutter County Superior Court Case No. CVCS03-0541 (2003)
In this action, Harter Tomato Products (Tomato) took action against Harter Packing Partnership (Packing) for breach of contract associated with the lease of a tomato and peach processing facility. Tomato, the third largest tomato producer in the world, had leased the facility from Packing. The facility included an operational industrial wastewater treatment and disposal facility, including a permit to discharge from the local regulatory authority. Tomato ran the facility and was responsible for regulatory compliance during the time of the lease. Tomato was found liable for damage associated with its conduct regarding the treatment and disposal facilities. That conduct included numerous violations of the discharge permit and a subsequent revocation of that permit.
On this case, I reviewed operations logs of the wastewater treatment plant, design modifications made to the plant, all of the discharge reports, and analytical quality control results, correspondence and depositions. Based upon this material, I provided my opinions as to the operational shortcomings and discharge violations.
The case was adjudicated through binding arbitration in front of a three-judge (retired) panel. I was admitted as an expert in the field of wastewater collection, treatment and disposal systems and testified in the arbitration hearing.
Reference:
Legal Counsel for Harter Packing Partnership
David Boyd, Esquire
Boyd & Kimball, LLC
Sacramento, California
(916) 917-0700
Adobe Lumber vs. Harold Taecker, et al., Eastern District Court Case No. CIV S-02-0186 GEB GGH (2002/2003)
In this action, Adobe Lumber (Adobe), the owner of a commercial mall that included a dry cleaning facility, took action against the previous owners and operators of the dry cleaning facility (Harold Taecker, et al.) for damages associated with 1,2,3 Trichloropropane (TCP) contamination of facilities, soils and groundwater in and around the site. As well, Adobe contended that the City of Woodland was liable due to poor operation and maintenance of its sewer collection system, which Adobe contended exacerbated the problem by allowing the contaminants to be spread through leaks in the sewer system.
On this case, I reviewed operation and maintenance protocols of the City of Woodland, repair history, environmental studies associated with the contaminant plumes, and conducted an invasive investigation of the sewer lines. Based upon this material, I provided my opinions as to the potential liability of the City of Woodland.
The City was released from the case; however, the case is still in litigation.
Reference:
Legal Counsel for the City of Woodland
Kevin Collins, Esquire
Tom Gibson, Esquire
Gene Tanaka, Esquire
Best, Best & Krieger, LLP
Sacramento, California
(916) 325-4000
City of Folsom, California vs. Spink Corporation, Superior Court of California, County of Sacramento Case No. 00AS02690 (2001/2002)
In this action, the City of Folsom (COF) claimed that the Spink Corporation (Spink) did not meet the standard of care regarding the design of a raw water gravity transmission line that was constructed between the Folsom Dam and a large industrial user. At one point, the water that was introduced at the dam exceeded the carrying capacity of the line and ended up flooding houses within a subdivision.
In this case, I reviewed operation and maintenance logs of a water conveyance system and a treatment plant that also used the line for conveying water, the design contract, design calculations and drawings, correspondence, as-built drawings and depositions. Based upon this material, I provided my expert opinions as to the “standard of care” associated with this project as well as mode of failure and causation. During my review of the operational logs of the water treatment plant, I discovered that the design flow of the line was exceeded because the water treatment plan operators did not follow standard operating procedure and inform the dam operators to reduce the flow in the water line.
The action was withdrawn by the City of Folsom following the direct and cross-examination of the City’s operational staff that was on duty at the treatment plant at the time of the event in question. I was admitted as an expert in the field of water treatment and conveyance systems and testified during the arbitration hearing prior to withdrawal of the action by the City of Folsom.
Reference:
Legal Counsel for Spink Corporation
Gary L. Vinson, Esquire
Greve, Clifford, Wengel & Paras, LLP
Sacramento, California
(916) 443-2011
