Failed Tree Liability

July 11, 2019

Is the Whole Always the Sum of its Parts? The “Green Industry” is governed by the American National Standards Institute (ANSI A300). The Standards consist of 10 Parts that cover the various categories of work and provide for certain standards in the writing of specifications and performance. This of course affects where liability lies for […]

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Tree and Landscape Settlements: The Man Behind the Green Curtain

June 10, 2019

When a tree falls on a person or property, insurance companies basically want to know three things:  What caused the tree failure?  Was there a defect that was open and obvious prior to the fall?  What is the value of the subject tree and/or landscape? The answer to the first question is typically answered by […]

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Permission to Approach the Witness

May 13, 2019

The direct examination went rather well considering that most people expect the retaining attorney to be a great orator worthy of Cicero accolades when, in fact, they might have little experience or expertise in oral presentations at trial. The exchange between me, as the expert tree witness, and my retaining attorney was not over-rehearsed and […]

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The Expert Witness on a Litigation Team

April 22, 2019

One of the most important components of an attorney’s litigation team is the expert witness. An attorney going into a court without the best expert is like a solider going to battle without a rifle. And so it came to pass in a federal courthouse some time ago that a black limousine pulled up in […]

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Death, Injury, & Property Damage from Trees

March 29, 2019

During February, I received four requests from different insurance companies to render an opinion on the unfortunate outcome of trees falling on people and onto property causing property damage. One death, one personal injury, and two homes with extensive damage. One month. Trees can be and are dangerous. That danger grows exponentially when the subject […]

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Signs, Signs: There are Signs Everywhere!

January 26, 2019

Have you noticed that signs are everywhere on our highways? But there are rules and laws that govern most, if not all, of them. In this matter, the Florida Department of Transportation (FDOT), the Florida Outdoor Advertising Association (FOAA), and Citizens for a Scenic Florida (Citizens) were caught in a quagmire of legal lawsuits regarding […]

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