Kim Tamayo & JoAnn Dean, of Restoration Mgmt Co.
Gail D'Atri, of Chartis, and EBCA Sec. JoAnn Dean.
Bob Tucknott, of Tucknott Electric Co.,
amongst the crowd at the Nov EBCA.
Christina Bowman and Steve Crotty,
of Blue Sky Cleaners.
Greg Brumley, of Paul Davis Restoration.
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Retention of Experts Detailed at November EBCA
by Bryan Harrison, Association News Network, Inc.
Clapp Moroney attorney Christopher Beeman drew from his own experience with a “very sad” personal injury case he worked on a few years ago to discuss what goes into lining up experts. Speaking to the November 10, 2009 gathering of the East Bay Claims, Beeman brought a relaxed style to the group, inviting those in the audience to join-in early for thoughts and perspective while delving into how the case played out.
The firm’s insured in this case was a non-profit organization in San Pablo faced with a claim from a nearly blind claimant who fell through a three-story window. EBCA past president and Speaker Committee Chair Kelly Sullivan was the independent adjuster who worked with Beeman on this file. Fortunately, Kelly took a lot of photos that helped give perspective.
With properly preserved evidence - “somebody was smart enough to preserve the window” - Mr. Beeman’s firm brought in an architect and building code expert/construction engineer-type to determine whether there was a building code violation that may have caused the window to fall out of the building.
They had to decide whether the chosen expert (from Boster Kobayashi) would be used to testify at trial, or merely as a consultant.
“Until the day you designate them as an expert... everything you communicate with them is privileged,” he stated. As a consultant, instead of an expert, “the beauty of it is that if they give you information that’s favorable to someone else, you have them as your consultant, and they can’t be retained by any of the other parties in the case to be used against you.”
Ultimately, the building owner/landlord was held strictly liable.
Beeman’s presentation effectively opened a forum-style discussion with several folks in the crowd sharing their own experience and expertise.
Thereafter, EBCA President Ray Depa presented his 2009 officers with gift certificates in appreciation for all the work they put into the success of the group this year.
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EBCA Vice President Steve Muir, of AAA, thanking guest speaker Chris Beeman.
Kelly Stuck, Assured Relocation; Lee Schiff, Michael Billick & Steve Muir of AAA.
November 2009 EBCA crowd.
Congratulations to 50/50 Raffle Winner (and new dad) Joe Baughman, of Wingard Construction.
Steve Einhaus, of Einhaus Adjusting Services, in on the discussion at the November EBCA.
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