Successful Apperances by Expert.

State of Florida v. Juvenile Appointed by court to investigate charge on the part of Public Defender. Facts: A 17 year old was charged with seven counts of attempted murder of a police officer with a motor vehicle. He was to be charged as an adult. Reconstructed accident using sheet metal deformation to five vehicles. At hearing, juvenile plead to appropriate charge as a teen, joyriding.

Rojer Storozuk v. Cumberland Farms Handicapped man attempting to exit convenience store was driven through a glass window by a motor vehicle that breached the sidewalk. During discovery, a file was produced containing similar accident reports. In that file, sat a copy of the author's article, "Pedestrian Protection at Convenience Stores". Lawyer Paul Weinberg, Deerfield, Mass. See article on results : Article.

Norsden v. Gautambhai Jury Award Cass County Missouri. Attorney Steve Gorney

Karen Norsden left her motel room on the way to the office. She was pinned against the building by a car that lost control in front of a handicapped ramp.

Fisher V. Amtrak, Jury Award Plaintiff fell as she tried to exit an observation car. Attorney Laura Brogen from Ft.Lauderdale showed the jury that the rail road had not maintained the lighting system in the observation car. The observation car was fifty years old and scheduled for removal from service. (See, The Role of Vision in Fall Accidents)

Hoffpauir v. Alsops Markets Jury award
Federal Court; Roswell New Mexico Plaintiff's lawyer; Rob Junnell, San Angelo, Texas.
Facts: Herman Hoffpauir was hit by a pickup truck while talking on the telephone at a local convenience store. Plaintiff claimed the accident was foreseeable and that Defendant should have provided physical protection in the form of vertical bollards or other barriers. (See Pedestrian Protection at Convenience Stores)

Hurst v. LA Waters, Jury award, plus medical expenses (settled while the jury was in recess).
State Court, Statesboro, Ga.
Plaintiff's Attorney, Jimmy Franklin of Statesboro Georgia
Facts: Hurst fell from a forklift vehicle called a furniture picker. The plaintiff had extended the work platform horizontally by four feet and had not installed. Miller testified that Federally required personal protective devices had been disabled. (See, Forklift Safety by Design)

LaMore v. B&B Insulation (settled while the jury was in recess)
State Court, Jacksonville, Florida
Plaintiff's Lawyer; John Taylor, Jacksonville
Facts; LaMore was a highly paid welder. He was injured when he attempted to remove his companies waste materials from a construction site.. LaMore tripped on a scaffold component carelessly left on the darkened walkway. Miller testified on the level of light and the task blindness built into the work LaMore was performing. He also testified on OSHA housekeeping duties and the duty to inspect.(See Human Factors Issues in Slip and Fall Litigation)

Joe Pony V. Southland Corp. Settled at trial; (award amount sealed by the court.)
State Court, Sacramento, California Plaintiff's Lawyer: Gerald Adler of Sacramento
Facts: Joe Pony, an eight year old boy, visited a Seven Eleven store on his bicycle to get a coke. A vehicle lost control and drove the boy into a plate glass window. The glass severed the child's spine. Plaintiff contended that Southland had the duty to protect patrons from this foreseeable hazard with the use of vertical bollards or similar devices.

Zenith Electronics v. HBT Trucking and Kiwa Electronics. (Kiwa excused)
State Court, Dallas Texas Kiwa's Attorney: Baker and McKinsey
Facts: In this case, a $180,000 injection mold was thrown from a flat bed truck traveling through Dallas. The Plaintiff, Zenith Electronics, sued for repair and opportunity cost. Expert Miller testified that defendant Kiwa was not responsible for negligent packing and pointed to physical evidence which showed the crate had been dropped after arriving in the United States. No one was injured in this accident.

Windy Hill et al v. McDonnald's. Settlement
State Court. Birmingham, Alabama
Plaintiff's Attorney: Susan Walker of Birmingham
Facts: Eight students were injured when a student lost control of his car in the parking lot after a football game. Windy Hill, a high school student, was pinned against the doorway and her leg was severed. The driver, another student, had been menacing students crowded around after a high school football game. Miller based his testimony upon a survey of 125 fast food restaurants and features which might have prevented the injury to the plaintiff.

Andrews v. Burdines (Settlement prior to trial) State court, Plaintiff's Attorney, George Anderson of Orlando
Facts: Andrews, a dentist, slipped on a ceramic tile walkway which was wet from a recent rain. She received a brain injury. Miller investigated the accident and found that the rubber cross mesh mat allowed the accumulation of silt. When it rained, the silt emulsified and flowed to the sloped access ramp where the roof was allowed to drain. Andrews slipped on the accumulation of wet silt which covered the surface. (See, Handicapped Ramps, An Unpaid Debt)

Garcia v. Southern Outdoor Advertising (Settlement during recess)
State court, Ft Lauderdale, Fl Plaintiff's Attorney: Andrew Sapiro
Facts: Garcia, a private contractor, fell from a billboard he was painting. Miller testified on OSHA issues. Garcia was considered an employee under OSHA due to the level and character of control. Billboards require securement points whenever the movement of the worker required horizontal movement more than 12 inches. Facts of this case and certified questions led to formal statement and clarification by OSHA on PPE and secure points. (Federal Register 4/10/1990)

Kidwell v. Modern Welding (Settlement prior to trial)
State court, Owensboro, Ky Plaintiff's Attorney: Max Hartz
Facts: Kidwell, an x-ray technician for a subcontractor at a rail facility, was examining welds when the ladder he was using slipped and he was thrown to the concrete floor. Miller examined the degree of control of the process by Modern Welding and their absolute control of the details of the production line. He also pointed to OSHA guidelines relating to the duties surrounding the climbing tasks and those parts under the exclusive control of Modern. (See, Safe Ladder Management)

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