Bennett Shuman AIA

Commercial & Residential Design

1010 N 12th Ave Suite 238 Pensacola, Florida 32501

850-433-8235 Fax 850-433-4103

Established 1978

 

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Expert Witness / Legal


Project # 8711 - Expert Witness
Bozeman v. Wilson & Associates, Galleria Mall Birmingham (Montgomery County, AL)
Brannan & Guy, PA – Bernard Brannan, Attorney (334) 264-8118
            * Deposition and testimony regarding deficiencies of accessibility.
            * Presentation and video of accident scene and staging accident from reports.
            * Research and summary of design/ construction standards.
 
Projects # 9303 & # 9310 - Courtroom Presentation
Cases Unnamed (Escambia County, FL)
Baker Baker & Duke PA – Steve Baker, Attorney (850) 434-3009
            * Illustrate accident scene and produce scaled representation of existing conditions.
            * Communicate legal viewpoints for witness questioning.
 
Project # 9316 - Expert Witness
Robbins v. City Drug Store, Inc. (Covington County, AL)
Rushton Stakely Johnson & Garrett – William Haynes, Attorney (334) 834-8480
            * Surveyed accident scene and reported on accessibility.
            * Presented data to illustrate factual data in case.

Project # 9413 - Panelist for Arbitration Case
Brown v. Craftsman Contractors, Inc. (Escambia County, FL)
Robert Emmanuel, Attorney (850) 433-6581 – Bruce Partington, Attorney (850) 434-9200
            * Heard testimony from witnesses and construction representatives; evaluated factual data for claims by each
              party in case.
            * Determine damages and award monetary judgments; summarize roles, damages, and values in case.
            * Courtroom appearance with American Arbitration Association.
 
Project # 9419 - Expert Witness
Wooten v. Southeast Alabama Medical Center (Houston County, AL)
Rushton Stakely Johnson & Garrett – William Haynes, Attorney (334) 834-8480
            * Review and interview personnel and conditions of accident.
            * Survey and document facts of case; Presentation for Courtroom analysis.
            * Form conclusions based on existing conditions; Aid attorneys for analysis and guidance in accessibility of construction.
 
Project # 9500 - Expert Witness
Woody Associates v. Howell (Washington County, FL)
Roy Lake, Attorney (850) 547-5959
            * Testimony and depositions regarding design fee questions; evaluate quality of design/ contract package and
              design work performed.
 
Project # 9513 - Investigation
Watson Investigation (Pensacola Beach, FL)
            * Owner/ Waterproofing consultant requested collaborative reports and findings for pile constructed residence.
            * Field Survey, photographs & reports performed for inclusion in Owners complaint of builder.
            * Consulted in final summary statement of waterproofing consultant and reviewed testing results of consultant.
            * Case settled out of court.

Project # 9607 - Expert Witness
Nickelson v. Porter (Santa Rosa County, FL)
Legal Center Clinic, PA – Edmund Holt, Attorney (850) 469-0397
            * Provide testimony regarding construction/ design setbacks, sightlines, definition of architectural terms, etc.
            * Review existing conditions and render summary findings.
            * Courtroom appearance and investigation of construction data.
 

Project # 9621 - Expert Witness
Gulf Coast Specialties v. Bullock Tice Architects (Escambia County, FL)
Beggs & Lane – Bob Crongeyer, Attorney (850) 432-2451
            * Testimony and deposition of ethics in business; American Institute Of Architects Core Values.
            * Review construction administration procedures and render summary findings of action by parties.
 
Project # 9623 & 9624 - Investigation
Tivoli Condominiums - Phase II & Phase III
            * Home Owners Association/ Waterproofing consultant requested collaborative report and findings for EIFS failures
              (Exterior Insulation Finish System - synthetic stucco).
            * Consulted in final summary statements of waterproofing consultant and reviewed testing results of consultant.
            * Case settled out of court.
 

Project # 9628 - Expert Witness
Gaddy v. Chandler Construction (Escambia County, FL)
Beggs & Lane – Dave McGee, Attorney (850) 432-2451
            * Structural testimony and depositions for residential construction latent problems.
            * Review soil data and provide illustrations for courtroom presentation.
            * Review soils report.
            * Case settled out of court.
 
Project # 9629 - Expert Witness
Gaddy v. Chandler Construction (Escambia County, FL)
Beggs & Lane – Dave McGee, Attorney (850) 432-2451
            * Review of construction contracts and analysis of damages to Adult Congregate Living Facility.
            * Provide Summary report and testimony.
            * Case settled out of court.
 
Project # 9704 - Expert Witness
Campbell v. Baldwin County School Board
Richardson Daniell Spear & Upton, PC – J. Lynn Perry, Attorney (334) 844-8181
            * Review & summary of Handicapped Accessibility.
            * Case settled out of court.
 
Project # 9711 - Expert Witness
Jackson v. Winn Dixie Montgomery, Inc.
Legal Center Clinic – Ed Holt, Attorney (850) 469-0397
            * Researched products used in construction and reviewed permitted documents.
            * Reviewed existing conditions and rendered summary findings.
            * Research and summary of Design/ Construction standards.
            * Case resolved w/ jury verdict
 

Project # 9801 - Expert Witness
Dunes Motel, Inc. v. Fireman’s Fund Insurance Companies
Moore Hill Westmoreland Hook & Bolton – Larry Hill, Attorney (850) 434-3541
            * Deposition and testimony regarding permitting Coastal Environments.
            * Provided summary report relating to time from design to building completion.
            * Providing expert testimony regarding construction industry standards.
 
Project # 9809 - Expert Witness
Dale Tomaso v. Meinerz
Wilson Harrell Smith Boles & Farrington, PA – Tracy Whitt, Attorney (850) 438-1111
            * Investigation and summary analysis of resilient floor products and counter statements for third party expert
              witness.
            * Historical data and testing criteria for resilient flooring. 
            * Case settled out of court.
 

Project # 9818 - Expert Witness
Hamilton  v. Bierster
Joseph M. Matranga, Attorney (334) 433-1634
            * Investigation and summary analysis of waterproofing and damproofing for third party expert witness related to
              problems with a residence constructed in Baldwin County, AL.
            * Investigation and on-site detailing for masonry & flashing intersections.
            * Detailing structural connections and verifying building code compliance of existing conditions.
            * Providing courtroom testimony for expert analysis of synthetic stucco and testing by way of core sampling. 

     * Case resolved with jury verdict.
 
Project # 9828 – Expert Witness
Murphy v. Kinson Cook, Inc, & Brown - Anderson
Laird Woodard & Baker – Alan Woodard, Attorney (334) 222-9115 or (334) 493-9716

            * Review site and building conditions relating to damproofing and waterproofing.
            * Review documents used in construction of public building and observe ‘as-built’ conditions.
            * Provide deposition, documentation, and report of findings relating to moisture intrusion and poor indoor air quality.
            * Case settled out of court.
 

Project # 9902 – Panelist for Arbitration Case
Arc Electric v. Wescon Corp. and U.S. Fidelity & Guaranty Co. (Escambia County, FL)
Clark Partington Hart Larry Bond Stackhouse & Stone – Bruce Partington, Plaintiff Attorney (850) 434-9200 Emmanuel Sheppard & Condon – A.G. Condon, Defendant Attorney (850) 433-6581
            * Courtroom appearance with American Arbitration Association.
            * Construction case involved with delays and damages between general contractor and subcontractor for two
              separate publicly funded projects in Escambia County.  Experience shared with issues involving contracts,
              interpretation of schedules and completion of work, quality control, and deliberation as to awards in the case.
 
Project # 9923 – Expert Witness
Soundwind Condominiums v. Santa Rosa County Building & Services Division (Santa Rosa County, FL)
Thomas M. Brady, Attorney (850) 432-6181
            * Reviewed conditions of building code ruling by Division and formulated an opinion which contradicted the
              enforcement of such ruling.  Research involving exits, exit accesses, and multiple personal interviews with SBCCI
              (Standard Building Code Congress International).
            * Court Order injunction by a tenant to stop construction work at stairs was challenged by the condo association.
 

Project # 9924 – Expert Witness
Turner v. Kinson Cook, Inc, & Brown – Anderson
Self - Mullins, PC – Ronald W. Self, Attorney (706) 649-3080
            * Review site and building conditions relating to damproofing and waterproofing.
            * Review documents used in construction of public building and observe ‘as-built’ conditions.
            * Provide deposition, documentation, and report of findings relating to moisture intrusion and poor indoor air quality.
 

Project # 2016 – Prime Officer for Arbitration Case
DeMaria v. Terrhar & Cronley Contractors (Escambia County, FL)
Emmanuel, Sheppard & Condon – Robert Emmanuel, Plaintiff Attorney (850) 433-6581

Beggs & Lane – Charlie Wiggins, Defendant Attorney (850) 432-2451

            * Courtroom appearance with American Arbitration Association.
            * Construction case involved with delays and damages between owner and general contractor involving contracts,
              interpretation of schedules and completion of work, quality control, and deliberation as to awards in the case.
 

Project # 2022 – Prime Officer for Arbitration Case
Evers v. Ellzey Construction Company (Escambia County, FL)
Levin Middlebrooks Thomas Mitchell Green Echsner Proctor & Papantonio, PA – Steve Echsner, Plaintiff Attorney (850) 435-7079 – Taylor & Van Matre, PA – Tom Van Matre, Defendant Attorney (850) 474-1030
            * Courtroom appearance with American Arbitration Association.
            * Construction case involved a dispute over construction contract, scope of work, and performance of     
              the general contractor and his sub-contractors.  Further described as Owner non-acceptance of the
              work and resolution to complete the final work.

Project # 2104 – Expert Witness
George & Dalen Orphanos v. Lloyd’s of London (pending insurance collapse claim)
Arden J. Lea, Plaintiff Attorney (850) 302-0666

Bovis Kyle & Burch, LLC – J.S. Scott Busby, Defendant Attorney (770) 391-9100
            * Review site/ as-built conditions of recent construction project; report on failure of damproofing and waterproofing
              systems; attend/ assist in documentation of destructive testing; determine cause and repair methods; define
              scope of design and construction work.
            * Provide expert testimony for failure in construction following existing contract document review.
            * Pending adjustments in insurance claims.

Project # 2110 – Expert Witness
Dillin v. Bagby Elevator Co.; Inclinator Company of America; Michael & Kim McGartland; Philip Napier; Napier Management Company; Napier Inc. of Pensacola; Turner Boaz Architecture; Turner Boaz Stocker Architecture; Julian Peterman Architect Mark Schneider for the Law Offices of Herzfeld & Rubin, Miami, FL (Bagby) & Thomas Jenkins & Raymond Higgins for the Law Offices of Bozeman Jenkins & Matthews, Pensacola, FL (Bagby) - Richard Young & Jim Barnes for the Law Offices of Young Bill & Fuggett, Pensacola, FL (Inclinator) - James Evangelista for the Law Offices of Fowler White Gillen Boggs Villareal & Baker, Tampa, FL (McGartland) - Michael Schofield, Greg Shoemaker & Adrianna Spain for the Law Offices of Schofield & Wade, Pensacola, FL (Napier) - Donald Gibson for the Law Offices of Gray Harris & Robinson, Orlando, FL (Turner Boaz)
Robert Crain for the Law Office of Frank Branson, Dallas, TX (Plaintiff Attorney)
            * Provided review of depositions involving eighteen interviewees and formed opinions & reference notes regarding
              their testimony. 
            * Reviewed the equipment (warehoused locally), measured, photographed, and accounted for deposition explanations
              involving the elevator accident in the private elevator.
            * Provided sketches of hoistway details and dimensions of minimum clearances per ASME A17.A statutes.
            * Researched private elevator statutes in Florida and the US.
            * Researched professional licensing requirements for non-Florida based corporation practicing in Florida.
            * Established participation levels of the separate design groups based on construction documentation.
            * Provided summary reports and filed affidavit for violations within industry standards and practices.
            * Case settled out of court.

Project # 2200 – Expert Witness
Bay Design Associates Architects v. John Priller/ Donna Wilson
Matt Dannheisser, Plaintiff Attorney (850) 434-7272
            * Reviewed documents regarding design services and non-payment issues. 
            * Design costs were analysised and reported per the scope of work on project.
            * Reported on the design contract and the timing of the pre-construction coordination w/ bldg. code issues.
 

Project # 2215 – Expert Witness
Un-named pending (Holt) v. Ethan Allen
Ed Holt, Plaintiff Attorney (850) 434-7694
            * Due to a slip/ fall accident the report reviewed accessibility guidelines for the existing conditions.
            * Photographs and measurements were taken including a site survey that accompanied the report.
            * Case pending

           

Project # 2220 – Expert Witness
Homeowners (see below) v. McNabb/ Runnels Corp. Inc.
Vernis & Bowling (Michelle Hendrix), Plaintiff Attorney (850) 433-5461
            * Insurance repair consultation and damage assessment to eight residences in Niceville and Ft. Walton Beach, Fl. that had experienced exterior envelope damages.  Insured homeowners included the following list of (Hasenclever, Kraemer, Kuether, Russ, Thompson, U. Wistorf, W. Wistorf, & Wolterbeek) and consisted of access to improvements and historical data regarding the reported repairs and their subsequent failures.
            * Reviewed and assessed damages, and produced written and photographic reports based on code(s) and

manufacturer’s requirements for installation of product lines.          

    * Cases settled through mandated mediation.

 

Created by PensacolaNetwork.com Copyright © 2008 Bennett Shuman Last modified: 12/20/07