“Willful and Wanton” Conduct Opinion Testimony by Forensic Engineering Experts
Publication: Forensic Engineering 2022
ABSTRACT
Forensic engineers are called upon by third parties to provide technical evaluations, repair options, and expert opinions on causes of property damage or personal injury after an incident. As an expert, forensic engineers are expected to limit their testimony to their areas of expertise. Increasingly, however, forensic engineers are being asked to testify on whether certain conduct is “willful and wanton.” Is this testimony proper, allowed, and/or ethical? Absent training or expertise in evaluating “willful and wanton” conduct, the opining forensic engineer may violate ASCE ethics rules, licensure rules, and court rules for expert testimony.
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REFERENCES
ASCE. (2020). Code of Ethics.
Core-Mark Midcontinent, Inc. v. Sonitrol Corp., (Colo. App. 2012).
Curd v. Kentucky State Bd. of Licensure for Prof’l Engineers & Land Surveyors, (Ky. 2014).
Curtis v. Missouri Bd. for Architects, Prof’l Engineers, Prof’l Land Surveyors & Prof’l Landscape Architects, (Mo. Ct. App. 2017).
Deck v. Wellston City Sch., (Ohio Ct. App. 1997).
Duncan v. Missouri Bd. for Architects, Prof’l Engineers & Land Surveyors, (Mo. Ct. App. 1988).
Estate of Long by & through Long v. Fowler, (N.C. Ct. App. 2020).
Fed. R. Evid. 701-706.
Fed. R. Evid. 704 Advisory Committee’s Note,.
FLST, Ltd v. Explorer Pipeline Co., (E.D. Tex. 2017).
In re Estate of Stewart, (Ill. App. 2d. 2016).
Kardon, J. B., et al. (2012). Guidelines for Forensic Engineering Practice, Second Edition, ASCE, Reston, VA, 65, 73.
Keeton, W. P., et al. (1984). Prosser & Keeton Handbook of the Law of Torts, West Publ. Co., St. Paul, MN, 212–14.
Missouri Annotated Statute § 327.441.
NexMed Holdings, Inc. v. Beta Techs., Inc., (D. Utah 2009).
Noel v. City of Rigby, (Idaho 2020).
Paida v. Leach, (Kan. 1996).
Taylor Pipeline Const., Inc. v. Directional Rd. Boring, Inc., (E.D. Tex. 2006).
Taylor Morrison of Colorado, Inc. v. Terracon Consultants, Inc., (Colo. App. 2017).
Taylor Morrison of Colorado, Inc. v. Terracon Consultants, Inc., Dec. 19, 2014, Adams County District Court, State of Colorado.
Taylor Morrison of Colorado, Inc. v. Terracon Consultants, Inc., Order, Dec. 29, 2014, Adams County District Court, State of Colorado.
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Published online: Nov 2, 2022
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