This matter came to me as an insured was named a defendant in a multi-million dollar personal injury claim. The matter regarded a landscape installer who allegedly failed to properly secure a newly installed tree in a new landscape. The tree failed during a significant weather event at a theme park. The theme park was […]
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Ten Commandments (Recommendations) of Settling Tree Claims
November 26, 2018Across my desk came the assignment for the insured claim of irreparably damaging a protected tree during construction. It seems as though the construction personnel, shall we say, drifted across the tree barricades and smacked a protected tree but good. The government arborist cited code violations and a six-figure number for mitigation. There were pictures. […]
Homeless and Hungry. Lessons First Learned. And the Government Can’t Feed Me
November 12, 2018As both fists of my father’s hands hit the dining table, drinks from the three couples’ gilded glasses spilt onto the fine linen tablecloth below. “You did what?” While his crescendo may not have matched that of Julie Andrews in The Sound of Music, it nonetheless made a riveting impression on those in attendance. Good […]
CAMs – Beware Mount Mulch-More
October 23, 2018If you are a Community Association Manager (CAM) or someone charged with the responsibility of managing landscapes, you have a rough and rugged road upon which to travel. And tradition informs us that many have lost their way; few have become independently wealthy and most dread the subject of landscape maintenance. This is especially true […]
A FAREWELL TO MAGGIE: FAT CATS AND BUSBOY BUCKETS
October 1, 2018When the phone rings after midnight, it is typically bad news. This phone call was no exception. I was driving with a million other people along an interstate trying to beat hurricane Florence to the punch and return home prior to her landfall. Had I heard that Maggie died? My senses were immediately […]
Mrs. Stanford’s Pecan Pie
September 24, 2018And, sure enough, in the backseat of my truck, lying on the floor, covered in a red-and-white checkerboard cloth, was one of Mrs. Stanford’s award-winning blue-ribbon pecan pies.
Consider the Evidence from All Sides Before Passing Judgement on the Claimant’s Validity
August 29, 2018Joe Samnik, Consulting Forensic Arborist If I’m going to be honest with myself, I must admit that one of the components associated with my mental Rolodex boils down to these questions: Does this claim have merit? Is the claimant being honest and straightforward with regard to his claim? One of the things that piqued my […]
Ethics, “White Lies,” and a Red Dress
August 5, 2018My bride and I are ethicists. Our upbringing in formative years and our professions hold us tightly to the matter of ethics. It’s an extremely boring subject, especially if one sits in an auditorium for a one-hour presentation and resultant CEUs.
Age Discrimination in the Marketplace
July 17, 2018I am the luckiest man in the marketplace. The older I get, the more I am perceived as being better at my niche in the marketplace, better than somebody younger than I. I have noted much discussion and many articles regarding age discrimination in the workplace. While paraphrasing, it seems the mantra of the older applicant or job […]
What I have learned as an expert witness in over 800 litigation assignments
July 15, 2018I have had the good fortune of being named as an expert witness in over 800 litigation matters. I have been qualified in federal, civil, criminal, small claims and eminent domain courts of law. I have testified to tree values, wrongful deaths, personal injuries, eminent domain and product liability. My representation is nearly 50/50 plaintiff vs. defendant. I […]