IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

DAVID W. JAHN, )

)

Plaintiff, )

)

vs. ) Civil Action No.: 2:06-cv-623

)

REGINALD JAMES \ilASHINGTON, )

individually and GSC ENTERPRISES, )

INC., d/b/a GROCERY SUPPLY )

COMPANY, et al., )

)

Defendants. )

PLAINTIF'F''S EXPERT WITNESS DISCLOSURES

Pursuant to the Court's Scheduling Order, Plaintiff provides the following

information concerning expert witnesses that he expects to testiff at trial:

1. Traci K. Campbell, P.E.

Consulting Engineer

BEC Consulting, L.L.C.

Post Office B,ox4229

Tallahassee, FL 32315

Ms. Campbell's opinions, qualifications, fee schedule and testimony list are

attached as Exhibit "A" hereto.

2. Treating Physicians and Medical Caregivers

Plaintiff reserves the right to provide testimony from treating physicians, or other

medical caregivers (e.g., physical therapists, etc.) who may also provide expert opinion

testimony associated with the treatment provided. Since treatment is ongoing, the identity

of those individuals mav or mav not be reflected in medical records available at this time.

Case 2:06-cv-00623-MEF-SRW Document 35 Filed 07/03/2007 Page 1 of 9
3. Rebuttal Testimony

Plaintiffreserves the right to call expert witnesses in rebuttal to testimony provided

by Defense experts.

Dated this the -!o ¿uyof July, 2007.

COCHRAN, CHERRY, GIVENSN

SMITH, LANE & TAYLOR, P.C.

ffiO,,)

Christy L. Hayes (IIAY-058)

Attomeys for Plaintiff

Post Office Box927

Dothan" Alabama 36302

CERTIFICATE OF SERVICE

I hereby certifii thata copy of the foregoing has been served upon all counsel of

record via electronic mail and/or U.S. Mail to the following:

John W. Clark, Jr., Esq.

Eric D. Bonner, Esq.

Clark, Oncale, Hair &. Smith, P.C.

Post Office Box530467

Birmingham, AL 36253

/s/ Terry G. Key

Of Counsel

Case 2:06-cv-00623-MEF-SRW Document 35 Filed 07/03/2007 Page 2 of 9
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VIA E-MAIL (TerryKey@CochranFirm.com)

Mr. Terry G. Key

Cochran, Cherry, Givens & Smith, P.C.

163 W Main St

Dothan, AL 36302

RE:

FILE:

Jahn, David v Grocery Supply Southeast

Preliminary Report of Findings

BEC ProjectNo. 12130

Dear Mr. Key:

I have completed the preliminary analysis of the above-referenced incident. During my analysis,

I reviewed, analyzed, and considered the following materials and items:

1. Reports

a. Alabama Uniform Traffic Accident Report - DPS #5535044

b. Alabama Uniform Traffic Accident Report - DPS #5074799

2. Photographs

a. (4) photographs ofsubject tractor trailer

3. Depositions

a. Jahn, David W. - 23 May 07 @xcerpts)

4. Technical Data

a. us Naval observatory sun and Moon Data for one Day - 2005-10-05

5. Standards, Codes, and Statutes

a. The Code of Alabama 32-5-242 - Requirements as to Head Lamps and Auxiliary

Driving Lamps

Based on my preliminary analysis of the above materials and my education, training and

experience, it is my preliminary opinion, to a high degree of engineering and scientific certainty,

that ltztr. David Jahn did not have adequate or sufficient time to perceive, react, and avoid

shiking the disabled tractor trailer driven by Mr. Reginald'Washington. Given the

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Case 2:06-cv-00623-MEF-SRW Document 35 Filed 07/03/2007 Page 3 of 9
Mr. Terry G. Key

BEC ProjectNo. 12130

July 2,2007

Page2

environmental conditions as well as the compromised visibility of the exposed undercaruiage of

the tractor trailer and the capabilities of the headlamps on Mr. Jahn's vehicle, Mr. Jahn came

upon Mr. Washington's tractor trailer before being able to take any evasive action to avoid

collision with the tractor trailer.

As these are preliminary opinions, I reserve the right to modiff or add to my opinions subjecto

review and analysis of additional discovery information, test data, technical information, or other

materials obtained during the discovery process.

Yours very truly,

BEC CONSULTING. LLC

Tt*Lc"^#x9Q

Traci K. Campbell, P.E.

Consulting Engineer

TKC

Case 2:06-cv-00623-MEF-SRW Document 35 Filed 07/03/2007 Page 4 of 9
Curriculum Vitae

Traci K. Campbell, P.8., Consulting Engineer

Industrial engineer with specialties in industrial accident reconstruction, including forklifts,

construction machinery, appliances, and manufacturing equipment. Experience includes

vehicular accident reconstruction involving automobiles, trucks, tractor-trailers, and recreational

vehicles, as well as slip, trip, and fall analysis, product failure analysis, and worþlace-safety

related issues.

EDUCATION

1993 Bachelor of Science in Industrial Engineering

Florida State Universitv

PROFESSIONAL EXPERIENCE

2001 to present BEC Consulting, LLC, Tallahassee, FL

(Formerly Benedict Engineering Company, Tallahassee' FL)

Consulting Engineer

1999 to200l General Motors Corporation, Warren, MI

Senior Industrial Engineer

1998 to 1999 General Motors Corporation, Shanghai, China

Lean Manufacturing International Service Assignment

1996 to 1998 General Motors Corporation, Atlanta, GA

Industrial Engineer

1993 to 1996 Stanadyne Automotive Corp., Tallahassee, FL

Industrial Engineer/Buyer

LICENSES, REGISTRATIONS, & CERTIFICATIONS

No. 63873 State of Florida Professional Engineer

No. PE032296 State of Georgia Professional Engineer

No. 8820-3789 Certified Fire and Explosion Investigator (CFEI)

Case 2:06-cv-00623-MEF-SRW Document 35 Filed 07/03/2007 Page 5 of 9
Curriculum Vitae of Traci Campbell, P.E.

Pase? of3

PROFESSIONAL ASSOCIATIONS and AWARDS

. American Society of Safety Engineers (ASSE)

o American Society for Testing and Materials (ASTM)

E30 Committee - Forensic Sciences

E34 Committee - Occupational Health and Safety

F08 Committee - Sports Equipment and Facilities

F13 Committee - Safety and Traction for Footwear

F24 Committee - Amusement Rides and Devices

o Florida Engineering Society (FES)

o Institute of Industrial Engineers (IIE)

o National Association of Fire Investigators (NAFI)

o National Society of Professional Engineers (NSPE)

. Society of Automotive Engineers (SAE)

. Society of Women Engineers (SWE)

o Toastmaster International (TI)

Competent Toastmaster (CTM)

Competent Leader (CL)

Advanced Leader (AL)

Advanced Toastmasters Bronze (ATM-B)

Advanced Toastmasters Silver (ATM-S)

Advanced Toastmasters Gold (ATM-G)

Distinguished Toastmasters (DTM)

President, July 2004 - June 2005

RELEVANT COURSE\ryORIICONTINUING EDUCATION

i|l4ay 2007 "'Workplace Safety and OSFIA Compliance"

National Seminars Group, Tallahassee, FL

April 2005 "PC Crash 6.2"

Maclnnis Engineering Associates Ltd, Tallahassee, FL

April 2004 "Analysis of Collisions Involving Pedestrians or Bicyclists"

Collision Safety Institute, Tallahassee, FL

July 2002 "10 Hour OSHA Course in General Industry Safety and Health"

BEC, Tallahassee, FL

May 2002 "Accident Reconstruction"

Northwestern University Center for Public Safety, Tallahassee, FL

Case 2:06-cv-00623-MEF-SRW Document 35 Filed 07/03/2007 Page 6 of 9
Cuniculum Vitae of Traci Campbell, P.E.

Page 3 of3

May 2002 "Advanced Trial Advocacy Program: Expert Witness"

The Florida Bar, Gainesville, FL

Apúl2002 "Truck Safety Inspection Program, Safety Management Councils"

Florida/Georgia Trucking Associations, Valdosta, GA

PATENTS

Booeshaghi, Farhad, Charles E. Benedict, Stephen R. Corbett, Christian A. Yates, Mohammad

R Vaghar, and Traci K. Campbell. "Pivotal Guards for Power Hand Tools with Rotating

Discs." U.S. PatentNo.6,699,114, filed April26,2002,and issuedMarch 2,2004.

PUBLICATIONS and PRESENTATIONS

Campbell, Traci. "Accident Reconstruction Part IV - Energy and EBS Calculations."

BEC Consulting,LLC, Tallahassee, FL. June 20,2007.

Campbell, Traci. "Slip and Fall-Is This A Real Accident?" Briefings. 8(2) (2007):3.

Campbell, Traci. "Industrial Engineers - A Good Weapon In Your Expert'Witness Arsenal." The

Verdict

Campbell, Traci. "Industrial Engineers - A Good Weapon in Your Expert'Witness Arsenal."

Briefings

Campbell, Traci. "Industrial Engineers - A Good'Weapon in Your Expert Witness Arsenal." The

Academy of FloridaTrial Lawyers 2005 Winter Ski Seminar, Vail, CO, December 15, 2005.

Campbell, Traci. "Slip, Trip and Fall-What an Engineer Can Do For You." Mealy's Retail

Liability Conference, Las Vegas, NV, December 2004.

Campbell, T., Pyrsock, A.L. "Slip, Trip and Fall - What an Engineer Can Do For You."

Institute of Continuing Legal Education, Atlanta, GA, October 14,2005.

07/07

Case 2:06-cv-00623-MEF-SRW Document 35 Filed 07/03/2007 Page 7 of 9
o All travel is billed portal to portal

RETAINERS REQUIRED

Retainers are based on the scope and complexity of work to be performed and is generally a

minimum of $2,500.1

Advance paymenfs are required for services to be performed exceeding $5'000.

Retainers are held until the end of the case up to a maximum of $5'000.

BEC CpNSqLTING. LLC

STANDARD T4E SçHEDULP

EFFECTIVE JANUARY 1. 2907

PROFESSIOÑAL TIME

Senior Engineer

Project Engineer

TechnicaVGraphics/Video Su pport

Professional Video Editing

Basic FÍle Review Fee

REIMBURSABLE COSTS

Mileage, unless othervise restricted by client's per diem schedule.

Evidence storage.2'3'a

Large items (i.e. Vehicles', Motorcycles, Scaffolding, etc.)

Small items

Survey Gear /Two Way Radios

Vetronix Black Box

Video Equipment

Slip Meters / Force Gauge (Load Cett)

Xerox Copies

Faxing

Color Copies / Prints

AII other out-of-pocket expenses.

$150 - 400/ hr.

$100 - 150/ hr.

$ 50 - 150/ hr.

$225/ hr.

$ 500

$0.60 /mile

$175 / month

$175 / year

$125 / trip

$50 / test

$50 / test

$25 / test

$0.25 /page

Local: $2.00 (10 pages or less), $0.10 each additional page thereafter

Long Distance : $1.00/page

$1.50 / page

Cost + 107o

Case 2:06-cv-00623-MEF-SRW Document 35 Filed 07/03/2007 Page 8 of 9
BEC CONSULTING, LLC

Standard Fee Schedule

Effective January l, 2087

Page; 2

TESTIMONY

Professional Fees for depositions and trial testimony to be billed in accordance with the following

procedures:

A) Depositions witl be bilted to opposing counsel unless other arrangements are made in advance.

1) Depositions taking place at BEC Consulting's office require a minimum advance

payment of $600.00.

2) Depositions taking place outside of BEC Consulting's office require a minimum

advance payment of $1,000.00. Time will be billed from porfal to portal.

3) Ä minimum fee of $600.00 will be billed regardless of deposition length.

4) Production of records will be billed at our standard fee rates.

B) Trial testimony requires a $5,000.00 advance paymentwhich wiltbe apptied to costs associated

with preparation for trial. Account must be paid current from the date of the last invoice to

clienf prior to trial.

a

a

Invoices for services rendered are submitted monthly for payment and are due 30 days from the

invoice date. Overdue balances will accrue finance charges atl.5o/o per month (18% per annum).

All work shall cease on cases if and when invoices become 60 days past due.

Invoices not paid within 90 days of invoice date will be turned over for collections. Any fees

incurred for collection efforts will be added to the total due.

fnvoices are submitted in a generic format unless otherwise directed.

Fees may be incurred at the close of a case for return or disposal of fÏle materials and/or evidence.

If you terminate our agreement and request the transfer of our files, there will be an administrative

charge in the amount of $500.00 per fite which sum shall be due at the time of transfer. In addition,

prior to any transfer of files, all statements must be paid current.

The client is responsible for assisting BEC Consulting, LLC in the collection of fees billed to

opposing counsel for depo'sition and other services in the event that BEC Consulting, LLC has

diffrculty collecting said fees.

A set-up fee of $100.00 will be billed to opposing counsel for inspections.

RATES ARE SUBJECT TO CHANGE WITH 30 DAYS NOTI!'ICATION

t $500 is the minimum, non-refundable fee that will be invoiced.

' BEC Consulting, LLC stores evidence and files for purposes of analysis and for the convenience of the client.

Reasonable care will be taken of such items, but BEC Consulting, LLC shall not be responsible for pilferage or

disasters such as fìre, storm, flooding and lightning damage which may occur.

3 In addition, in the event we store property at your request and you fail to pay any fees or costs due us, you

hereby consent and agree that we may sell such property, after thirty (30) days written notice, at public or

private sale, and may apply any proceeds to the cost of the same and any balance due us.

n It ¡s our policy to return or destroy evidence on all closed files. You will receive notification from our offices at

the time your file closes for direction in this regard. The billing rate for large evidence will increase to $350 per

month upon closure of a case. In the event we have not received a written response providing us specific

directions regarding the disposition of the item(s), you hereby agree that the evidence may be destroyed and we

may proceed accordingly

5 Vehicles needing wheel dollies to mâneuver will'be charged an additional one time fee of $200.

a

a

a

Case 2:06-cv-00623-MEF-SRW Document 35 Filed 07/03/2007 Page 9 of 9