Preview
Filing # 97953750 E-Filed 10/28/2019 12:09:09 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL DIVISION
CASE No.: 18-000223-CA
DANIEL SHELATZ and ALYN SHELATZ,
Plaintiffs,
vs.
PUNTA GORDA HMA, LLC d/b/a BAYFRONT
HEALTH PUNTA GORDA,
Defendant.
DEFENDANT’S, PUNTA GORDA HMA, LLC d/b/a BAYFRONT HEALTH PUNTA
GORDA, NOTICE OF FILING DEPOSITION TRANSCRIPT OF
TRACI K. CAMPBELL, P.E.
Defendant, PUNTA GORDA HMA, LLC d/b/a BAYFRONT HEALTH PUNTA
GORDA, by and through the undersigned counsel and pursuant to the applicable
Florida Rules of Civil Procedure, hereby files the deposition transcript with exhibits
of Traci K. Campbell, P.E. dated October 8, 2019.
CERTIFICATE
OF SERVICE
I HEREBY CERTIFY that I electronically filed the foregoing with the Clerk of
Court on this 28th day of October 2019, using the Florida Courts e-Filing Portal which
will send a notice of electronic filing as identified in the attached Service List.
LA CAVA & JACOBSON, P.A.
Attorneys for Defendant, Bayfront Health Punta Gorda
2590 Northbrooke Plaza Drive, Suite 307
Naples, Florida 34119
Telephone : 239.300.9679
Facsimile : 239.734.3546
By: /s/A. Kevin Houston
A. KEVIN HOUSTON, ESQ.
Florida Bar No: 0610321
KARI K. JACOBSON, ESQ.
Florida Bar No. 961167
khouston @lacavajacobson.com
kkeyte@lacavajacobson.com
jserrano@lacavjacobson.com
Page |2 of 3
Christopher D. Gray, Esq.
Hunter Higdon, Esq.
Florin Gray Bouzas Owens, LLC
16524 Pointe Village Drive, Suite 100
Lutz, FL 33558
Phone 1 727.254.5255
Fax 1 727.483.7942
chris@fgbolaw.com
debbie@fgbolaw.com
hunter@fgbolaw.com
Counsel for Plaintiff
Page |3 of 3
Traci K. Campbell, P.E.
October 8, 2019
Page 1 Page 3
INDEX
IN THE CIRCUIT COURT OF THE WITNESS, PAGE,
TWENTIETH JUDICIAL CIRCUIT, TRACI CAMPBELL, P.E.
IN AND FOR CHARLOTTE COUNTY, FLORIDA Direct Examination by Mr. Houston
CASE NO. 18-000223-CA
EXHIBITS
DANIEL SHELATZ and ALYN SHELATZ, NO, DESCRIPTION PAGE,
1cv 37
Plaintiffs, 2 Notice of Deposition 37
vs. 5 Photos 79
PUNTA GORDA HMA, LLC d/b/a BAYFRONT HEALTH PUNTA 3. Campbell's Report 79
GORDA, 4 Service Agreement 79
10 10
Defendant. 1 CERTIFICATE OF OATH. 130
qa CERTIFICATE OF REPORTER 131
12 12
13 DEPOSITION OF TRACI K. CAMPBELL, P.E. ERRATA SHEET 132
14 PAGES 1-133 WITNESS LETTER NOTIFICATION 133
15 Tuesday, October 8, 2019 13
16 2:45 p.m 6:12 p.m. 14
17 15
Quality Forensic Engineering, LLC 16
18 2341 Hansen Court u
Tallahassee, Florida 22308 18
19 19
20 20
21 21
22 22
23
STENOGRAPHICALLY REPORTED BY: 23
24 JUDY CHIN, RPR, CRR 24
25 25
Page 2 Page 4
APPEARANCES: The following proceedings began at 2:45
3 pm.
ON BEHALF OF THE PLAINTIFFS: eae
LA CAVA & JACOBSON, P.A. THE STENOGRAPHER: Do you swear or affirm
2590 Northbrooke Plaza Drive, Suite 307 to tell the truth, the whole truth, and nothing
Naples, Florida 34119 but the truth?
239.300.9679 THE WITNESS: I do.
BY: A. KEVIN HOUSTON, ESQUIRE
Khouston@lacavajacobson.com Thereupon,
TRACI CAMPBELL, P.E.
ON BEHALF OF THE DEFENDANT: having been first duly sworn or affirmed, as
10 hereinafter certified testified as follows:
10 FLORIN GRAY BOUZAS OWENS, LLC 1 DIRECT EXAMINATION
16524 Pointe Village Drive, Suite 100
1 Lutz, Florida 33558
12 BY MR. HOUSTON:
727.254.5255 13 Q Good afternoon, Miss Campbell.
12 BY: HUNTER HIGDON, ESQUIRE 14 A Good afternoon,
13
hunter@fgbolaw.com
(via phone)
15 Q My name is Kevin Houston. I represent
14 16 Bayfront Health Punta Gorda in a construction
15 v accident that occurred back in October of 2017.
16 18 The plaintiffs have designated you as an
v
18
19 expert engineer in this case. We are here
19 20 taking your deposition today.
20 aL I know you've done this before.
aL 22 A’ Yes, [have.
22 23 Q In fact, I've seen where you attended
23
24 24 courses for expert depositions and stuff.
25 25 Just a basic ground rule, let me finish my
1 (Pages 4 ‘to 4)
THE MCS GROUP, INC.
Traci K. Campbell, P.E.
October 8, 2019
Page 5 Page 7
question before you start answering, and then I will Q What articles about roof-edge protection?
give you the same courtesy of letting you finish Was it articles in the standards or separate
your answer before I start the next question because articles?
this young lad: is taking everything down verbatim. A. These are separate articles written from
A. Sounds good. 5 people in the industry with regard to acceptable
Q > Whatis your full name? practices for roof-edge protection.
A. Traci K, Campbell. Q How many articles are there?
Q And what exactly is your specialty or A. There are four of them.
career — your field of practice? What do you do? Q Four. While we are talking about the
10 A Tam an accident reconstructionist working io articles and you are identifying things on the flash
an to provide engineering consulting and conclusions iL drive, what significance do the articles have with
12 for cases dealing with personal injury. 12 your overall opinions in this case?
13 Q You are a professional engineer as well? 13 A’ What the articles clarify, there have been
14 A I'ma registered professional engineer in 14 ~ through the case there are a number of opinions
1s the State of Florida, among others. 15 regarding the need for protection, and if there were
16 Q > What is the CXLT? 16 standards or regulations that required some kind of
at A. That is a certified XL tribometerist, 17 roof-edge protection, What these articles actually
18 which is a designation for doing coefficient of 18 clarify is what OSHA's opinion is or what OSHA's
19 friction testing with a particular instrument. 19 requirements are for those ~ for the edge
20 Q Did you use any of that specialty in any 20 protection.
21 of your opinions in this case? ai Q Are these letters of incorporation or
22 A No. 22 letters of interpretation —
23 Q And you have given me a copy of your CV. 23 A There is one letter of interpretation from
24 Actually, you have it on the flash drive there. It 24 OSHA, and then there are I believe three other
25 is 18 pages long. 25 articles written by various websites that do this
on
Page 6 Page 8
A’ Correct. type of work.
Q Isthat current and up to date? Q_> Were any of these articles written or
‘A. The one on the flash drive is, yes. published by you?
Q Okay. And it is my understanding we are A_ No, they were not.
going to get a copy of the flash drive that will Q > What else is on the flash drive?
have on it everything that you reviewed in this A. There is a listing of the property
case, is that correct — appraiser -- just the title page on the property
A’ Yes, that is correct. appraiser website of the hospital.
Q and plus your inspection that you did Q_ [think you reference that in your report.
10 with the drawing and the visual photographs. 10 A. Correct. And then my notes and the
aL Does it contain any other testing ql illumination levels that were measured during the
12 information? 12 inspection.
13 ‘A. It contains all of my notes from the 13 Lalso have some accident site drawings
44 inspection, including the illumination measurements 14 that were created from aerial photographs,
15 that I did. 15 measurements that I took from the inspection, as
16 Q Okay. 16 well as some of the testimony in terms of piecing
a7 A And just very quickly, the depositions 17 some things together.
18 that I reviewed, the photographs, the pleadings that 18 Q You were talking about those drawings. Is
19 Twas supplied with, standards that were referenced 19 that the accident site roof drawing, black and
20 in my report, as well as some additional ones that I 20 white --
21 pulled. 21 A’ Yes.
22 Q Okay. 22 Q - that you have referenced in it looks
23 There is some weather data. 23 like section four of your report under technical
24 Okay. Continue. 24 data?
25 Some articles about roof-edge protection. 25 A’ Yes.
— -
2 (Pag es 5 ‘to 8)
THE MCS GROUP, INC.
Traci K. Campbell, P.E.
October 8, 2019
Page 9 Page 11
Q Now, the report that I have is dated reviewed since the report.
May 3rd, 2019. Q > Have you been to the accident site after
A Correct. your inspection — was that January 30, 2019? Have
Q Isthat your final report? you been back to the roofing area?
A. Yes, itis, There's been nothing A No, [have not.
published since that time. Q Have you taken any additional photographs
Q> There has been nothing to amend this -- of the roofing area since you took these during that
A Correct. inspection?
Q -- as far as your opinions go, the various A No, [have not.
10 standards that you are relying on and interpreting, 10 Q Andall—
1 whether that be OSHA or the Life Safety Code or the 1 I'mlooking at your report. It's got
12 ANSI Code. 12 photographs. You have 117 photographs of accident
13 Is there anything I guess in addition that 13 site, BEC inspection January 30, 2019. Those are
14 you are going to rely upon or cite here today that 14 all contained on the flash drive?
15 was not mentioned or referenced in your report? 15 A. Yes, they are.
16 ‘A. The articles that we just discussed 16 Q Next under Subsection B, 154 photographs
v regarding roof-edge protection were not in the v of the accident site by the drone pix4d from
18 original report, There is an additional standard 18 January 30, 2019.
19 from OSHA. 19 Is that all of the photographs from the
20 Q > What is the standard? 20 drone —
aL A This is the 209 CFR 1926.16. aL ‘Well, I guess there is more?
22 Q Okay. And what does that pertain to? 22 ‘A. would say B and C both were photographs
23 A Called rules of construction, And then I 23 taken by the drone during our inspection.
24 believe the depositions -- Mr. Shelatz. was the only 24 Q Do you have any photographs taken at
25 deposition [had at the time of my report. 25 night?
Page 10 Page 12
Q Right. A Yes, And let's clarifynight as meaning
A’ And [have since been provided five during the dark ~
additional depositions. Q Yes.
Q Okay. What were those? A — time as opposed to the daylight of the
A. Those were from -- moming.
Q Hold on one minute. Q > Yes. We will call it the dark -- the
A’ Sure. nighttime hours.
Q Weare just getting the stuff ahead of A’ Yes.
time. That's all right. 9 Q Isthat fair?
10 Gus Garza. 10 A L would say prior to 6:00 a.m. we will
aL Okay. ut refer to as nighttime, meaning darkness, and
12 Jefirey Houck. 12 otherwise we will talk about daylight.
13 Okay: 13 Q > Okay. That's fine.
44 Mark tellanos, Owen Bower, and Roger 14 Because when I reference -- I want to be
15 McMillian. 1s able to have an agreement with you, that we are on
16 Q Were you provided the depositions of Mr. 16 the same page, when I say at night or during the
a7 Martinez? uy dark we are talking about the same thing.
18 A No. 18 A Tagree.
19 Q How about Wayne Young? 19 Q Do you have any —
20 A No. 20 I do see videos that were taken, nighttime
21 Q Anything else on there that you have 21 -- you have listed under Subsection 3, A, B, C.
22 reviewed after? 22 A. Yes, Ido.
23 ‘A. [believe that is everything. 23 Q_ Those videos are all contained on the
24 Let me just do a quick double. Yes. To 24 flash drive?
25 the best of my knowledge, that's everything that I 25 A. Yes, they are.
=
3 ( Pages 9 to 12)
THE MCS GROUP, INC.
Traci K. Campbell, P.E.
October 8, 2019
Page 13 Page 15
Q Okay. Is there anything else on the flash Upon leaving General Motors I moved to
drive that we have not discussed? Tallahassee and began my career with BEC Consulting.
A. There is a folder of general At the time it was called Benedict Engineering
correspondence which includes the original letter of Company.
5 authorization contract that was with BEC. Q Okay.
Q Sure. A. And then most recentlyI started with
A. Then the contracts with Quality Forensies Quality Forensic Engineering in August of 2019 doing
Talso have the invoices. again the same forensic work that I was doing at BEC
Q We will get to those in just a second. Consulting,
10 A. Allright. And the only other thing we 10 Q Quality Forensic Engineering?
qi haven't specifically talked about was my Rule 26 1 A Yes. LLC.
12 list. 12 Q LLC.
13 Q Like your list of case testimony? 13 A. Tlgive you one of those.
14 A
Yes. 14 Q And that was from August this year until
15 Q And that's provided on there as well? 15 the present. Perfect.
16 A That's correct. 16 This is a limited liability company. So
17 u
Q Okay. Just for the record, these items how many members? Is that what they are called,
18 are all contained on the flash drive. They have not 18 members?
19 been printed out and produced to counsel. 19 Two owners.
20 But under conversation with plaintiff's 20 Are you one of the owners?
21 counsel, he has agreed to provide this to me so that 21 Tmnot.
22 I can get it to my experts as well for their review. 22 Are you a shareholder in the company?
23 I don't think it is going to matter much 23 No, Ido not.
24 as far as the deposition today. We will definitely 24 ‘They just pay you a salary?
25 continue forward. There is no need for you trying 25 That's correct.
on
Page 14 Page 16
to print that stuff out. Q But you are employed by Quality Forensic
But if there is something, Miss Campbell, Engineering, LLC?
that you specifically relied on or referred to A. That's correct.
that's on the flash drive, please let me know that. Q) What was the reason for leaving BEC
5 A. Absolutely. Consulting and heading to Qualify Forensic
Q We talked about your CV. We have a copy Engineering, LLC?
of that. That seemed to be current and accurate. A There was a separation of the partners at
Give me a brief background of your BEC Consulting, and one of the partners s now the
education, post secondary education, things like owner of Quality Forensic Engineering.
10 that. 10 Q > That makes sense. Okay.
qi A. Certainly. have a Bachelor of Science ql What - you mentioned you are licensed as
12 in industrial engineering from Florida State 12 a professional engineer in multiple states. What
13 University. 13 states?
14 Subsequent to that I started my career 14 A Florida, Georgia, Alabama, South Carolina,
15 with a company here in town called Stanadyne 15 and Mississippi.
16 Automotive, which was a high-volume manufacturing 16 Q Gotyou. Got you. Okay. The CV had
17 plant making engine parts for Ford and Chrysler. 17 various professional associations and awards. It
18 While I was there I served in both the 18 looks like page 2 of 18 running over to 3 of 18. Is
19 purchasing department and in their engineering 19 that still the same and accurate?
20 department doing industrial engineering. 20 A Yes, itis.
21 Upon leaving there I took a position with 21 Q Are you a member of any professional
22 General Motors. I started in Atlanta. I worked for 22 association or have you received any awards in T
23 General Motors in the capacity of industrial 23 guess -- after the most current one listed on the
24 engineering for approximately five years with 24 cv?
25 assignments in Atlanta, Detroit and Shanghai, China. 25 A No, not that I'm aware of.
a
4 ( Pages 13 to 16)
THE MCS GROUP, INC.
Traci K. Campbell, P.E.
October 8, 2019
Page 17 Page 19
Q Okay. What is — when you say forensic Q Isthat accurate?
engineering, how would you define forensic ‘A. That's a good summary.
engineering? What does it mean? Q Okay. Do you give any type of
A. Forensic engineering is the study of presentation or speeches or CLE?
looking at accidents and being able to apply I know you attended a lot of relevant
principles of math and science to understand the coursework, continuing education on your CV.
actual science around the accident, including things Are these things you attended or things
like forces that may have been applied or that you presented to someone?
experienced in an automobile accident. 9 ‘A. Inthe first section that you are
10 In the case of -- a lot of cases that I 10 referring to, those are actually classes that have
aL investigate with industrial slants on them it ut attended.
12 becomes an allocation of engineering principles 12 Towards the back of the CV are
13 around what the facts of the accident were and 13 presentations that I've actually given at various
44 understanding how they matched or didn't match 14 functions.
15 industry best practices and standards that are 1s Q Let me ask you this general question: Is
16 available. 16 there any presentation or publication that you were
a7 Q What, if any, part of forensic engineering uy involved in that pertains to fall protection like
18 are you applying in this case — or would your 18 would be applied in this case?
19 opinions apply to in this case for Mr. Shelatz? 19 A Tm pulling up my CV on the thumb drive so
20 A Yeah. This is an industrial accident in 20 that we are looking at the same thing.
21 that it happened at a commercial facility as opposed 21 The third one down, "The Slip, Trips and
22 to residential. As a commercial facility and a 22 Falls: Awareness and Avoidance.
23 workplace, there are standards and regulations that 23 Q Isaw that.
24 apply to those workplaces, including OSHA. 24 ‘A. That one is going to involve fall
25 And so my function and really my role in 25 protection.
Page 18 Page 20
this case was to use my knowledge of safety Q Is that fall protection from a roof like
engineering in industrial settings and industrial in this case or fall protection like coefficient and
accidents, assess what the facts of the case were, slippery surfaces, or both?
and then using that knowledge and experience look at A It would be both.
what -- where the problems where with the case in The next one down, "Safety After The Fact
terms of things that actually led to the accident Engineering Hierarchy and Reality" is also going to
itself happening. deal with falls of both kind ~ slip, trips and
Q Is there any portion — falls as well as falls from edge:
Are you going to be giving any type of 9 The: OSHA Helpful Hints” —
10 opinion regarding the amount of force that this 10 Q >What page is that?
an accident may have generated on Mr. Shelatz as a ut A That's still on 17.
12 result of the fall compared to the injuries that he 12 Q = Idon't have OSHA Helpful Hints. You can
13 may have sustained from the fall? 13 just read it there.
14 A No. That starts to get into biomechanical 14 A. This was a presentation in December of
1s and biomedical engineering, and I'm not qualified to 1s 2007, and this was a presentation that I gave
16 do that. 16 regarding general application of OSHA standards,
at Q So your opinions are going to be I guess uy primarily focusing on the 1910 general industry
18 limited to the application of various safety 18 section and the 1926 construction section.
19 standards that you will opine — apply to my client, 19 And then on page 18, the first
20 the hospital in this case, and whether those various 20 presentation listed is titled, "Industrial
21 standards -- whether the hospital was in compliance 21 Engineers: A Good Weapon For Your Expert Witness
22 or not with those various standards and how that 22 Arsenal." That would have included some discussion
23 would have contributed, I guess, to Mr. Shelatz's 23 of falls as well. ‘That presentation was primarily
24 fall? 24 centered around case studies in which industrial
25 A Yes, 25 engineering topics were discussed and how they
a
5 ( Pages 17 to 20)
THE MCS GROUP, INC.
Traci K. Campbell, P.E.
October 8, 2019
Page 21 Page 23
related to various cases that I had investigated. a A_ [don't believe so,
Q_ What year was that one? Q Okay.
A That was 2007. ‘A.Unless of course presented with something
Q Okay. Any more? beyond the deposition today.
A. Let's see. There is also one titled, Q Understood, And you may have —
"Slip, Trip and Fall: What An Engineer Can Do For 6 I'm sure once my experts are deposed you
You." may review those experts and you may have rebuttal
Q Okay. or comment on what they say, is that fair?
9 A And that's also one that would have talked A. Certainly. That'sa fair statement.
10 about not only falls from a slip, trip-and-fall 10 Q _Butas far as the substance of your
ql standpoint, but also falls in general. a opinions in which — based on what you understand so
12 Q I'mmaking a note. a2 far, all of your opinions are contained in your
13 A’ Sure. 43 report, pages seven and eight, and they are numbered
14 Q And those presentations are contained on 14 one through eight?
15 pages17 and 18 — 45 A. That's correct.
16 A That's correct. 16 Q Okay. Have you ever had your license as a
aT Q ~ of your CV? uv professional engineer suspended or revoked in any
18 Have you ever heen involved in any sort of 1a manner?
19 inspection of Bayfront Health Punta Gorda in the a9 A_ No, [have not,
20 past? 20 Q Have you ever had any di iplinary action
21 A_ No, Ihave not. aL taken by the states against your license, to your
22 Q Have you done any inspections or similar 22 knowledge?
23 type of consultation or expert work with any of the 23 A No, [haven't
24 Bayfront Health Port Charlotte, Bayfront Health 24 Q Okay. Have you ever had your opinions
28 Punta Gorda, Bayfront Health St, Pete that you are 25 stricken by any court?
on
Page 22 Page 24
aware of? A. I'vehad my opinions limited, but not
A’ Not that I'm aware of, stricken.
Q Other than what you cited in your report, Q What was the manner in which they were
was there any other research that you've done in limited, do you know?
developing your opinions or coming to your opinions? A. Yeah. There was actually two occasions
6 ‘A Just my general education and training. where my opinions with regard to retail liability
But anything that I thought was relevant were limited. The issue was about ensuring I was
has been copied and presented on the thumb drive. not going to give opinions regarding the actual
Q Okay. Before I get to the report and business of buying and selling goods within a store
10 everything, but just because you itemized them on — 10 as opposed to talking about the incident that
aa I'm looking at your report. aL happened inside of the store. And so one was a case
12 A. Okay. 12 against Sears and the other was against J.C. Penney.
43 Q _Itlooks like page seven and eight you 13 Q In those two cases were you retained for
a4 have listed there eight — one through eight of 44 the plaintiff or the defendant?
as various degrees or various things where you felt 15 A The plaintiff.
16 like my client I guess fell below the standard of 16 Were both those cases in Florida?
aa care. a7 No.
18 Is one through eight on pages seven of 18 Q Okay.
19 eight of your report dated May 3, 2019, does that 19 AThe case against Sears was in Alabama and
20 contain all of your opinions that you are going to 20 the case against J.C. Penney was in Mississippi.
2a give at trial? 21 And in both of those cases the opinions that were
22 A Yes, it does. 22 stricken were not actually opinions I intended to
23 Q And you haven't formed any additional 23 offer in the first place.
24 opinions that you are going to give at trial outside 24 Q They were just limited?
25 of these one through eight? 25 A Correct.
a
6 ( Pages21 to 24)
THE MCS GROUP, INC.
Traci K. Campbell, P.E.
October 8, 2019
Page 25 Page 27
Q Like a motion in limine, the court limited a A Let's see. Yes, [believe so. Yes.
you I guess to go beyond your expertise? Q On your case list it identifies which
‘A. Exactly. Just to ensure that [ was not particular circuit or county or whatever court it is
actually going to talk about the business of buying in, correct?
and selling goods. A’ Ttwill. It will.
Q How long have you been doing this expert 6 Q Okay. Over the past five years when you
forensic engineering and — Hold on. I want to are reviewing these 50 to 60 cases per year, what
word it correctly. I saw it in your CV. percentage would you say you actually wind up giving
Tribometerist. a deposition in?
10 A Tribometerist. 10 ‘A. Probably 20 to 25 percent z tually went to
aL Q How long have you been doing expert a deposition.
12 forensic engineering in tribometerist work? a2 Q The next question, how many actually went
13 ‘A Easy for you to say. 43 to trial, roughly?
44 Twas first licensed in 2013, I believe. 14 ‘A Iwould say, again, out of the 50 to 60,
15 It could be 2010. [honestly don't remember the 45 10 5 to 10 percent actually go to trial,
16 first date of licensure. However, I had been doing 16 Q Just asa percentage of — and it
a7 work associated with slip, trip-and-fall accidents uv probably different for you than what it is for the
18 prior to becoming certified on the XL Tribometer. 1a medical field — but as a percentage what percentage
19 Q So for the tribometer work, you believ a9 of your overall income on an annual basis is from
20 2010, 2013? 20 performing expert engineering work or expert
21 ‘A. Right. Somewhere in that ballpark. aL tribometer work?
22 Q And, again, tribometer work, not 22 ‘A. Well, 100 percent of my income is deriv
23 applicable in this case? 23 from my salary here at Quality Forensic Engineering
24 A’ We don't. 24 regardless of the work that I'm doing.
25 Q How long have you been doing expert 25 Q You are employed through Quality Forensic
on
Page 26 Page 28
engineering for forensic engineering type work? Engineering. Quality Forensic Engineering is hired
A [first started doing forensic consulting and retained to perform mostly expert work?
in November of 2001 when I joined BEC Consulting, A. Correct. However, in terms of what my
Q That's on your CV. It says 2001 to time is spent doing in terms of my obligations for
present. the company, it’s not 100 percent required to do
Right. forensic work.
So for roughly 18 years -- Q Did you ever have any forensic work that
Almost 18 years. you would do outside of your employer, whether it be
-- in November. BEC Consulting or Quality Forensic Engineering, LLC?
10 We are coming up on it. 10 A No. There was no forensic work outside of
aL Okay. Your Rule 26, that's a federal uw my employment.
12 case, correct? 1 Q And just so we are clear, when I say
13 A. That's all cases. 13 forensic work, I mean expert consulting work.
44 Q Two questions: How many cases do you 4 A Tunderstand,
15 review in a year, a range? 15 Q Okay. All right.
16 A It ranges probably 50 to 60 cases ina 16 A. And if I can, the clarification is about
a7 year. 17 other things we do in terms of research or product
18 Q Okay. Has that been the same for the past 18 development or things that are not necessarily being
19 five or six years? 19 driven by an actual forensic case
20 A It's steadily increasing. But that's a 20 Q Understood. That's why it is a little
21 good ballpark number. 2 different than the medical field.
22 Q And you have given testimony in federal 22 A Correct.
23 court as well? 23 Q Of those cases that you are hired or
24 A’ Yes, Ihave. 24 retained to perform expert work, whether it be
25 Q In Florida, if you can recall? 25 through BEC or Quality Forensic Engineering, what
a
Preview
Filing # 97953750 E-Filed 10/28/2019 12:09:09 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL DIVISION CASE No.: 18-000223-CA DANIEL SHELATZ and ALYN SHELATZ, Plaintiffs, vs. PUNTA GORDA HMA, LLC d/b/a BAYFRONT HEALTH PUNTA GORDA, Defendant. DEFENDANT’S, PUNTA GORDA HMA, LLC d/b/a BAYFRONT HEALTH PUNTA GORDA, NOTICE OF FILING DEPOSITION TRANSCRIPT OF TRACI K. CAMPBELL, P.E. Defendant, PUNTA GORDA HMA, LLC d/b/a BAYFRONT HEALTH PUNTA GORDA, by and through the undersigned counsel and pursuant to the applicable Florida Rules of Civil Procedure, hereby files the deposition transcript with exhibits of Traci K. Campbell, P.E. dated October 8, 2019. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I electronically filed the foregoing with the Clerk of Court on this 28th day of October 2019, using the Florida Courts e-Filing Portal which will send a notice of electronic filing as identified in the attached Service List. LA CAVA & JACOBSON, P.A. Attorneys for Defendant, Bayfront Health Punta Gorda 2590 Northbrooke Plaza Drive, Suite 307 Naples, Florida 34119 Telephone : 239.300.9679 Facsimile : 239.734.3546 By: /s/A. Kevin Houston A. KEVIN HOUSTON, ESQ. Florida Bar No: 0610321 KARI K. JACOBSON, ESQ. Florida Bar No. 961167 khouston @lacavajacobson.com kkeyte@lacavajacobson.com jserrano@lacavjacobson.com Page |2 of 3 Christopher D. Gray, Esq. Hunter Higdon, Esq. Florin Gray Bouzas Owens, LLC 16524 Pointe Village Drive, Suite 100 Lutz, FL 33558 Phone 1 727.254.5255 Fax 1 727.483.7942 chris@fgbolaw.com debbie@fgbolaw.com hunter@fgbolaw.com Counsel for Plaintiff Page |3 of 3 Traci K. Campbell, P.E. October 8, 2019 Page 1 Page 3 INDEX IN THE CIRCUIT COURT OF THE WITNESS, PAGE, TWENTIETH JUDICIAL CIRCUIT, TRACI CAMPBELL, P.E. IN AND FOR CHARLOTTE COUNTY, FLORIDA Direct Examination by Mr. Houston CASE NO. 18-000223-CA EXHIBITS DANIEL SHELATZ and ALYN SHELATZ, NO, DESCRIPTION PAGE, 1cv 37 Plaintiffs, 2 Notice of Deposition 37 vs. 5 Photos 79 PUNTA GORDA HMA, LLC d/b/a BAYFRONT HEALTH PUNTA 3. Campbell's Report 79 GORDA, 4 Service Agreement 79 10 10 Defendant. 1 CERTIFICATE OF OATH. 130 qa CERTIFICATE OF REPORTER 131 12 12 13 DEPOSITION OF TRACI K. CAMPBELL, P.E. ERRATA SHEET 132 14 PAGES 1-133 WITNESS LETTER NOTIFICATION 133 15 Tuesday, October 8, 2019 13 16 2:45 p.m 6:12 p.m. 14 17 15 Quality Forensic Engineering, LLC 16 18 2341 Hansen Court u Tallahassee, Florida 22308 18 19 19 20 20 21 21 22 22 23 STENOGRAPHICALLY REPORTED BY: 23 24 JUDY CHIN, RPR, CRR 24 25 25 Page 2 Page 4 APPEARANCES: The following proceedings began at 2:45 3 pm. ON BEHALF OF THE PLAINTIFFS: eae LA CAVA & JACOBSON, P.A. THE STENOGRAPHER: Do you swear or affirm 2590 Northbrooke Plaza Drive, Suite 307 to tell the truth, the whole truth, and nothing Naples, Florida 34119 but the truth? 239.300.9679 THE WITNESS: I do. BY: A. KEVIN HOUSTON, ESQUIRE Khouston@lacavajacobson.com Thereupon, TRACI CAMPBELL, P.E. ON BEHALF OF THE DEFENDANT: having been first duly sworn or affirmed, as 10 hereinafter certified testified as follows: 10 FLORIN GRAY BOUZAS OWENS, LLC 1 DIRECT EXAMINATION 16524 Pointe Village Drive, Suite 100 1 Lutz, Florida 33558 12 BY MR. HOUSTON: 727.254.5255 13 Q Good afternoon, Miss Campbell. 12 BY: HUNTER HIGDON, ESQUIRE 14 A Good afternoon, 13 hunter@fgbolaw.com (via phone) 15 Q My name is Kevin Houston. I represent 14 16 Bayfront Health Punta Gorda in a construction 15 v accident that occurred back in October of 2017. 16 18 The plaintiffs have designated you as an v 18 19 expert engineer in this case. We are here 19 20 taking your deposition today. 20 aL I know you've done this before. aL 22 A’ Yes, [have. 22 23 Q In fact, I've seen where you attended 23 24 24 courses for expert depositions and stuff. 25 25 Just a basic ground rule, let me finish my 1 (Pages 4 ‘to 4) THE MCS GROUP, INC. Traci K. Campbell, P.E. October 8, 2019 Page 5 Page 7 question before you start answering, and then I will Q What articles about roof-edge protection? give you the same courtesy of letting you finish Was it articles in the standards or separate your answer before I start the next question because articles? this young lad: is taking everything down verbatim. A. These are separate articles written from A. Sounds good. 5 people in the industry with regard to acceptable Q > Whatis your full name? practices for roof-edge protection. A. Traci K, Campbell. Q How many articles are there? Q And what exactly is your specialty or A. There are four of them. career — your field of practice? What do you do? Q Four. While we are talking about the 10 A Tam an accident reconstructionist working io articles and you are identifying things on the flash an to provide engineering consulting and conclusions iL drive, what significance do the articles have with 12 for cases dealing with personal injury. 12 your overall opinions in this case? 13 Q You are a professional engineer as well? 13 A’ What the articles clarify, there have been 14 A I'ma registered professional engineer in 14 ~ through the case there are a number of opinions 1s the State of Florida, among others. 15 regarding the need for protection, and if there were 16 Q > What is the CXLT? 16 standards or regulations that required some kind of at A. That is a certified XL tribometerist, 17 roof-edge protection, What these articles actually 18 which is a designation for doing coefficient of 18 clarify is what OSHA's opinion is or what OSHA's 19 friction testing with a particular instrument. 19 requirements are for those ~ for the edge 20 Q Did you use any of that specialty in any 20 protection. 21 of your opinions in this case? ai Q Are these letters of incorporation or 22 A No. 22 letters of interpretation — 23 Q And you have given me a copy of your CV. 23 A There is one letter of interpretation from 24 Actually, you have it on the flash drive there. It 24 OSHA, and then there are I believe three other 25 is 18 pages long. 25 articles written by various websites that do this on Page 6 Page 8 A’ Correct. type of work. Q Isthat current and up to date? Q_> Were any of these articles written or ‘A. The one on the flash drive is, yes. published by you? Q Okay. And it is my understanding we are A_ No, they were not. going to get a copy of the flash drive that will Q > What else is on the flash drive? have on it everything that you reviewed in this A. There is a listing of the property case, is that correct — appraiser -- just the title page on the property A’ Yes, that is correct. appraiser website of the hospital. Q and plus your inspection that you did Q_ [think you reference that in your report. 10 with the drawing and the visual photographs. 10 A. Correct. And then my notes and the aL Does it contain any other testing ql illumination levels that were measured during the 12 information? 12 inspection. 13 ‘A. It contains all of my notes from the 13 Lalso have some accident site drawings 44 inspection, including the illumination measurements 14 that were created from aerial photographs, 15 that I did. 15 measurements that I took from the inspection, as 16 Q Okay. 16 well as some of the testimony in terms of piecing a7 A And just very quickly, the depositions 17 some things together. 18 that I reviewed, the photographs, the pleadings that 18 Q You were talking about those drawings. Is 19 Twas supplied with, standards that were referenced 19 that the accident site roof drawing, black and 20 in my report, as well as some additional ones that I 20 white -- 21 pulled. 21 A’ Yes. 22 Q Okay. 22 Q - that you have referenced in it looks 23 There is some weather data. 23 like section four of your report under technical 24 Okay. Continue. 24 data? 25 Some articles about roof-edge protection. 25 A’ Yes. — - 2 (Pag es 5 ‘to 8) THE MCS GROUP, INC. Traci K. Campbell, P.E. October 8, 2019 Page 9 Page 11 Q Now, the report that I have is dated reviewed since the report. May 3rd, 2019. Q > Have you been to the accident site after A Correct. your inspection — was that January 30, 2019? Have Q Isthat your final report? you been back to the roofing area? A. Yes, itis, There's been nothing A No, [have not. published since that time. Q Have you taken any additional photographs Q> There has been nothing to amend this -- of the roofing area since you took these during that A Correct. inspection? Q -- as far as your opinions go, the various A No, [have not. 10 standards that you are relying on and interpreting, 10 Q Andall— 1 whether that be OSHA or the Life Safety Code or the 1 I'mlooking at your report. It's got 12 ANSI Code. 12 photographs. You have 117 photographs of accident 13 Is there anything I guess in addition that 13 site, BEC inspection January 30, 2019. Those are 14 you are going to rely upon or cite here today that 14 all contained on the flash drive? 15 was not mentioned or referenced in your report? 15 A. Yes, they are. 16 ‘A. The articles that we just discussed 16 Q Next under Subsection B, 154 photographs v regarding roof-edge protection were not in the v of the accident site by the drone pix4d from 18 original report, There is an additional standard 18 January 30, 2019. 19 from OSHA. 19 Is that all of the photographs from the 20 Q > What is the standard? 20 drone — aL A This is the 209 CFR 1926.16. aL ‘Well, I guess there is more? 22 Q Okay. And what does that pertain to? 22 ‘A. would say B and C both were photographs 23 A Called rules of construction, And then I 23 taken by the drone during our inspection. 24 believe the depositions -- Mr. Shelatz. was the only 24 Q Do you have any photographs taken at 25 deposition [had at the time of my report. 25 night? Page 10 Page 12 Q Right. A Yes, And let's clarifynight as meaning A’ And [have since been provided five during the dark ~ additional depositions. Q Yes. Q Okay. What were those? A — time as opposed to the daylight of the A. Those were from -- moming. Q Hold on one minute. Q > Yes. We will call it the dark -- the A’ Sure. nighttime hours. Q Weare just getting the stuff ahead of A’ Yes. time. That's all right. 9 Q Isthat fair? 10 Gus Garza. 10 A L would say prior to 6:00 a.m. we will aL Okay. ut refer to as nighttime, meaning darkness, and 12 Jefirey Houck. 12 otherwise we will talk about daylight. 13 Okay: 13 Q > Okay. That's fine. 44 Mark tellanos, Owen Bower, and Roger 14 Because when I reference -- I want to be 15 McMillian. 1s able to have an agreement with you, that we are on 16 Q Were you provided the depositions of Mr. 16 the same page, when I say at night or during the a7 Martinez? uy dark we are talking about the same thing. 18 A No. 18 A Tagree. 19 Q How about Wayne Young? 19 Q Do you have any — 20 A No. 20 I do see videos that were taken, nighttime 21 Q Anything else on there that you have 21 -- you have listed under Subsection 3, A, B, C. 22 reviewed after? 22 A. Yes, Ido. 23 ‘A. [believe that is everything. 23 Q_ Those videos are all contained on the 24 Let me just do a quick double. Yes. To 24 flash drive? 25 the best of my knowledge, that's everything that I 25 A. Yes, they are. = 3 ( Pages 9 to 12) THE MCS GROUP, INC. Traci K. Campbell, P.E. October 8, 2019 Page 13 Page 15 Q Okay. Is there anything else on the flash Upon leaving General Motors I moved to drive that we have not discussed? Tallahassee and began my career with BEC Consulting. A. There is a folder of general At the time it was called Benedict Engineering correspondence which includes the original letter of Company. 5 authorization contract that was with BEC. Q Okay. Q Sure. A. And then most recentlyI started with A. Then the contracts with Quality Forensies Quality Forensic Engineering in August of 2019 doing Talso have the invoices. again the same forensic work that I was doing at BEC Q We will get to those in just a second. Consulting, 10 A. Allright. And the only other thing we 10 Q Quality Forensic Engineering? qi haven't specifically talked about was my Rule 26 1 A Yes. LLC. 12 list. 12 Q LLC. 13 Q Like your list of case testimony? 13 A. Tlgive you one of those. 14 A Yes. 14 Q And that was from August this year until 15 Q And that's provided on there as well? 15 the present. Perfect. 16 A That's correct. 16 This is a limited liability company. So 17 u Q Okay. Just for the record, these items how many members? Is that what they are called, 18 are all contained on the flash drive. They have not 18 members? 19 been printed out and produced to counsel. 19 Two owners. 20 But under conversation with plaintiff's 20 Are you one of the owners? 21 counsel, he has agreed to provide this to me so that 21 Tmnot. 22 I can get it to my experts as well for their review. 22 Are you a shareholder in the company? 23 I don't think it is going to matter much 23 No, Ido not. 24 as far as the deposition today. We will definitely 24 ‘They just pay you a salary? 25 continue forward. There is no need for you trying 25 That's correct. on Page 14 Page 16 to print that stuff out. Q But you are employed by Quality Forensic But if there is something, Miss Campbell, Engineering, LLC? that you specifically relied on or referred to A. That's correct. that's on the flash drive, please let me know that. Q) What was the reason for leaving BEC 5 A. Absolutely. Consulting and heading to Qualify Forensic Q We talked about your CV. We have a copy Engineering, LLC? of that. That seemed to be current and accurate. A There was a separation of the partners at Give me a brief background of your BEC Consulting, and one of the partners s now the education, post secondary education, things like owner of Quality Forensic Engineering. 10 that. 10 Q > That makes sense. Okay. qi A. Certainly. have a Bachelor of Science ql What - you mentioned you are licensed as 12 in industrial engineering from Florida State 12 a professional engineer in multiple states. What 13 University. 13 states? 14 Subsequent to that I started my career 14 A Florida, Georgia, Alabama, South Carolina, 15 with a company here in town called Stanadyne 15 and Mississippi. 16 Automotive, which was a high-volume manufacturing 16 Q Gotyou. Got you. Okay. The CV had 17 plant making engine parts for Ford and Chrysler. 17 various professional associations and awards. It 18 While I was there I served in both the 18 looks like page 2 of 18 running over to 3 of 18. Is 19 purchasing department and in their engineering 19 that still the same and accurate? 20 department doing industrial engineering. 20 A Yes, itis. 21 Upon leaving there I took a position with 21 Q Are you a member of any professional 22 General Motors. I started in Atlanta. I worked for 22 association or have you received any awards in T 23 General Motors in the capacity of industrial 23 guess -- after the most current one listed on the 24 engineering for approximately five years with 24 cv? 25 assignments in Atlanta, Detroit and Shanghai, China. 25 A No, not that I'm aware of. a 4 ( Pages 13 to 16) THE MCS GROUP, INC. Traci K. Campbell, P.E. October 8, 2019 Page 17 Page 19 Q Okay. What is — when you say forensic Q Isthat accurate? engineering, how would you define forensic ‘A. That's a good summary. engineering? What does it mean? Q Okay. Do you give any type of A. Forensic engineering is the study of presentation or speeches or CLE? looking at accidents and being able to apply I know you attended a lot of relevant principles of math and science to understand the coursework, continuing education on your CV. actual science around the accident, including things Are these things you attended or things like forces that may have been applied or that you presented to someone? experienced in an automobile accident. 9 ‘A. Inthe first section that you are 10 In the case of -- a lot of cases that I 10 referring to, those are actually classes that have aL investigate with industrial slants on them it ut attended. 12 becomes an allocation of engineering principles 12 Towards the back of the CV are 13 around what the facts of the accident were and 13 presentations that I've actually given at various 44 understanding how they matched or didn't match 14 functions. 15 industry best practices and standards that are 1s Q Let me ask you this general question: Is 16 available. 16 there any presentation or publication that you were a7 Q What, if any, part of forensic engineering uy involved in that pertains to fall protection like 18 are you applying in this case — or would your 18 would be applied in this case? 19 opinions apply to in this case for Mr. Shelatz? 19 A Tm pulling up my CV on the thumb drive so 20 A Yeah. This is an industrial accident in 20 that we are looking at the same thing. 21 that it happened at a commercial facility as opposed 21 The third one down, "The Slip, Trips and 22 to residential. As a commercial facility and a 22 Falls: Awareness and Avoidance. 23 workplace, there are standards and regulations that 23 Q Isaw that. 24 apply to those workplaces, including OSHA. 24 ‘A. That one is going to involve fall 25 And so my function and really my role in 25 protection. Page 18 Page 20 this case was to use my knowledge of safety Q Is that fall protection from a roof like engineering in industrial settings and industrial in this case or fall protection like coefficient and accidents, assess what the facts of the case were, slippery surfaces, or both? and then using that knowledge and experience look at A It would be both. what -- where the problems where with the case in The next one down, "Safety After The Fact terms of things that actually led to the accident Engineering Hierarchy and Reality" is also going to itself happening. deal with falls of both kind ~ slip, trips and Q Is there any portion — falls as well as falls from edge: Are you going to be giving any type of 9 The: OSHA Helpful Hints” — 10 opinion regarding the amount of force that this 10 Q >What page is that? an accident may have generated on Mr. Shelatz as a ut A That's still on 17. 12 result of the fall compared to the injuries that he 12 Q = Idon't have OSHA Helpful Hints. You can 13 may have sustained from the fall? 13 just read it there. 14 A No. That starts to get into biomechanical 14 A. This was a presentation in December of 1s and biomedical engineering, and I'm not qualified to 1s 2007, and this was a presentation that I gave 16 do that. 16 regarding general application of OSHA standards, at Q So your opinions are going to be I guess uy primarily focusing on the 1910 general industry 18 limited to the application of various safety 18 section and the 1926 construction section. 19 standards that you will opine — apply to my client, 19 And then on page 18, the first 20 the hospital in this case, and whether those various 20 presentation listed is titled, "Industrial 21 standards -- whether the hospital was in compliance 21 Engineers: A Good Weapon For Your Expert Witness 22 or not with those various standards and how that 22 Arsenal." That would have included some discussion 23 would have contributed, I guess, to Mr. Shelatz's 23 of falls as well. ‘That presentation was primarily 24 fall? 24 centered around case studies in which industrial 25 A Yes, 25 engineering topics were discussed and how they a 5 ( Pages 17 to 20) THE MCS GROUP, INC. Traci K. Campbell, P.E. October 8, 2019 Page 21 Page 23 related to various cases that I had investigated. a A_ [don't believe so, Q_ What year was that one? Q Okay. A That was 2007. ‘A.Unless of course presented with something Q Okay. Any more? beyond the deposition today. A. Let's see. There is also one titled, Q Understood, And you may have — "Slip, Trip and Fall: What An Engineer Can Do For 6 I'm sure once my experts are deposed you You." may review those experts and you may have rebuttal Q Okay. or comment on what they say, is that fair? 9 A And that's also one that would have talked A. Certainly. That'sa fair statement. 10 about not only falls from a slip, trip-and-fall 10 Q _Butas far as the substance of your ql standpoint, but also falls in general. a opinions in which — based on what you understand so 12 Q I'mmaking a note. a2 far, all of your opinions are contained in your 13 A’ Sure. 43 report, pages seven and eight, and they are numbered 14 Q And those presentations are contained on 14 one through eight? 15 pages17 and 18 — 45 A. That's correct. 16 A That's correct. 16 Q Okay. Have you ever had your license as a aT Q ~ of your CV? uv professional engineer suspended or revoked in any 18 Have you ever heen involved in any sort of 1a manner? 19 inspection of Bayfront Health Punta Gorda in the a9 A_ No, [have not, 20 past? 20 Q Have you ever had any di iplinary action 21 A_ No, Ihave not. aL taken by the states against your license, to your 22 Q Have you done any inspections or similar 22 knowledge? 23 type of consultation or expert work with any of the 23 A No, [haven't 24 Bayfront Health Port Charlotte, Bayfront Health 24 Q Okay. Have you ever had your opinions 28 Punta Gorda, Bayfront Health St, Pete that you are 25 stricken by any court? on Page 22 Page 24 aware of? A. I'vehad my opinions limited, but not A’ Not that I'm aware of, stricken. Q Other than what you cited in your report, Q What was the manner in which they were was there any other research that you've done in limited, do you know? developing your opinions or coming to your opinions? A. Yeah. There was actually two occasions 6 ‘A Just my general education and training. where my opinions with regard to retail liability But anything that I thought was relevant were limited. The issue was about ensuring I was has been copied and presented on the thumb drive. not going to give opinions regarding the actual Q Okay. Before I get to the report and business of buying and selling goods within a store 10 everything, but just because you itemized them on — 10 as opposed to talking about the incident that aa I'm looking at your report. aL happened inside of the store. And so one was a case 12 A. Okay. 12 against Sears and the other was against J.C. Penney. 43 Q _Itlooks like page seven and eight you 13 Q In those two cases were you retained for a4 have listed there eight — one through eight of 44 the plaintiff or the defendant? as various degrees or various things where you felt 15 A The plaintiff. 16 like my client I guess fell below the standard of 16 Were both those cases in Florida? aa care. a7 No. 18 Is one through eight on pages seven of 18 Q Okay. 19 eight of your report dated May 3, 2019, does that 19 AThe case against Sears was in Alabama and 20 contain all of your opinions that you are going to 20 the case against J.C. Penney was in Mississippi. 2a give at trial? 21 And in both of those cases the opinions that were 22 A Yes, it does. 22 stricken were not actually opinions I intended to 23 Q And you haven't formed any additional 23 offer in the first place. 24 opinions that you are going to give at trial outside 24 Q They were just limited? 25 of these one through eight? 25 A Correct. a 6 ( Pages21 to 24) THE MCS GROUP, INC. Traci K. Campbell, P.E. October 8, 2019 Page 25 Page 27 Q Like a motion in limine, the court limited a A Let's see. Yes, [believe so. Yes. you I guess to go beyond your expertise? Q On your case list it identifies which ‘A. Exactly. Just to ensure that [ was not particular circuit or county or whatever court it is actually going to talk about the business of buying in, correct? and selling goods. A’ Ttwill. It will. Q How long have you been doing this expert 6 Q Okay. Over the past five years when you forensic engineering and — Hold on. I want to are reviewing these 50 to 60 cases per year, what word it correctly. I saw it in your CV. percentage would you say you actually wind up giving Tribometerist. a deposition in? 10 A Tribometerist. 10 ‘A. Probably 20 to 25 percent z tually went to aL Q How long have you been doing expert a deposition. 12 forensic engineering in tribometerist work? a2 Q The next question, how many actually went 13 ‘A Easy for you to say. 43 to trial, roughly? 44 Twas first licensed in 2013, I believe. 14 ‘A Iwould say, again, out of the 50 to 60, 15 It could be 2010. [honestly don't remember the 45 10 5 to 10 percent actually go to trial, 16 first date of licensure. However, I had been doing 16 Q Just asa percentage of — and it a7 work associated with slip, trip-and-fall accidents uv probably different for you than what it is for the 18 prior to becoming certified on the XL Tribometer. 1a medical field — but as a percentage what percentage 19 Q So for the tribometer work, you believ a9 of your overall income on an annual basis is from 20 2010, 2013? 20 performing expert engineering work or expert 21 ‘A. Right. Somewhere in that ballpark. aL tribometer work? 22 Q And, again, tribometer work, not 22 ‘A. Well, 100 percent of my income is deriv 23 applicable in this case? 23 from my salary here at Quality Forensic Engineering 24 A’ We don't. 24 regardless of the work that I'm doing. 25 Q How long have you been doing expert 25 Q You are employed through Quality Forensic on Page 26 Page 28 engineering for forensic engineering type work? Engineering. Quality Forensic Engineering is hired A [first started doing forensic consulting and retained to perform mostly expert work? in November of 2001 when I joined BEC Consulting, A. Correct. However, in terms of what my Q That's on your CV. It says 2001 to time is spent doing in terms of my obligations for present. the company, it’s not 100 percent required to do Right. forensic work. So for roughly 18 years -- Q Did you ever have any forensic work that Almost 18 years. you would do outside of your employer, whether it be -- in November. BEC Consulting or Quality Forensic Engineering, LLC? 10 We are coming up on it. 10 A No. There was no forensic work outside of aL Okay. Your Rule 26, that's a federal uw my employment. 12 case, correct? 1 Q And just so we are clear, when I say 13 A. That's all cases. 13 forensic work, I mean expert consulting work. 44 Q Two questions: How many cases do you 4 A Tunderstand, 15 review in a year, a range? 15 Q Okay. All right. 16 A It ranges probably 50 to 60 cases ina 16 A. And if I can, the clarification is about a7 year. 17 other things we do in terms of research or product 18 Q Okay. Has that been the same for the past 18 development or things that are not necessarily being 19 five or six years? 19 driven by an actual forensic case 20 A It's steadily increasing. But that's a 20 Q Understood. That's why it is a little 21 good ballpark number. 2 different than the medical field. 22 Q And you have given testimony in federal 22 A Correct. 23 court as well? 23 Q Of those cases that you are hired or 24 A’ Yes, Ihave. 24 retained to perform expert work, whether it be 25 Q In Florida, if you can recall? 25 through BEC or Quality Forensic Engineering, what a