Chapter
Nov 2, 2022

“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.

Get full access to this article

View all available purchase options and get full access to this chapter.

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.

Information & Authors

Information

Published In

Go to Forensic Engineering 2022
Forensic Engineering 2022
Pages: 894 - 903

History

Published online: Nov 2, 2022

Permissions

Request permissions for this article.

Authors

Affiliations

Serena L. Hendon, M.ASCE [email protected]
P.E.
1Montgomery Little & Soran, PC, Greenwood Village, CO. Email: [email protected]

Metrics & Citations

Metrics

Citations

Download citation

If you have the appropriate software installed, you can download article citation data to the citation manager of your choice. Simply select your manager software from the list below and click Download.

View Options

Get Access

Access content

Please select your options to get access

Log in/Register Log in via your institution (Shibboleth)
ASCE Members: Please log in to see member pricing

Purchase

Save for later Information on ASCE Library Cards
ASCE Library Cards let you download journal articles, proceedings papers, and available book chapters across the entire ASCE Library platform. ASCE Library Cards remain active for 24 months or until all downloads are used. Note: This content will be debited as one download at time of checkout.

Terms of Use: ASCE Library Cards are for individual, personal use only. Reselling, republishing, or forwarding the materials to libraries or reading rooms is prohibited.
ASCE Library Card (5 downloads)
$105.00
Add to cart
ASCE Library Card (20 downloads)
$280.00
Add to cart
Buy Single Paper
$35.00
Add to cart
Buy E-book
$246.00
Add to cart

Get Access

Access content

Please select your options to get access

Log in/Register Log in via your institution (Shibboleth)
ASCE Members: Please log in to see member pricing

Purchase

Save for later Information on ASCE Library Cards
ASCE Library Cards let you download journal articles, proceedings papers, and available book chapters across the entire ASCE Library platform. ASCE Library Cards remain active for 24 months or until all downloads are used. Note: This content will be debited as one download at time of checkout.

Terms of Use: ASCE Library Cards are for individual, personal use only. Reselling, republishing, or forwarding the materials to libraries or reading rooms is prohibited.
ASCE Library Card (5 downloads)
$105.00
Add to cart
ASCE Library Card (20 downloads)
$280.00
Add to cart
Buy Single Paper
$35.00
Add to cart
Buy E-book
$246.00
Add to cart

Media

Figures

Other

Tables

Share

Share

Copy the content Link

Share with email

Email a colleague

Share