For decades, attorneys throughout the United States have turned to JET & Associates to provide Expert Witness services. Now, many are benefiting from another service we offer, Expert Consultation at the strategy phase.
At the "Facts and Findings" stage attorneys can engage us for research and opinions as to possible approaches for each case. Strategies can grow out of Federal and State regulations, Building Codes, ADA, acceptable Standard Construction procedures as well as other regulatory and standards to help develop and support a "defense" or "plaintiff" position.
Recently, a New Jersey Legal Counsel contacted us as he was seeking damages for a "wrongful death" when a power pole sheered into two pieces after the plaintiff's auto struck it. The utility pole was located in a state highway right–of-way.
His initial approach was to position the pole as being defective. Unfortunately the Utility Company had removed the pole and “couldn’t locate it” so that strategy disappeared along with the pole.
In a case like this, our experts get creative in looking for viable strategies. For example:
Federal and State Highway Regulations govern the location of signage, guardrails and poles requiring that they be located a required distance from the pavement surface.
We also suggested that roadway right-of-ways, especially State and Federal systems, mandate permission from that jurisdiction for objects being placed within its pathway.
Normally permission it is not necessary if this was also designated as a utility right-of-way. However, all traffic right-of-ways do not always grant a utility easement.
Additionally, each utility pole has a "dog tag" which maintains record of its wood species, installation date, service life expectancy, projected replacement date, allowable stress loading imposed by over head power lines, etc. These subject research points, after further investigation, may produce new facts that could be pursued for this Plaintiff’s pending legal case.
That’s a sample of how JET earns its consulting fees before a case even reaches filing in the court.
To explore how JET can help you be successful in your next defense or plaintiff position, give me a call. Our expert "brainstorming" in your next legal matter could pay off whether in Federal, Civil court or Binding Arbitration matters.