Expert Witness: Case Studies

HSC’s president Bob Richard has represented multiple clients and law firms as an expert witness providing expertise on the meaning, intent, and application of the Hazardous Materials Regulations. His reports and testimony have resulted in positive outcomes usually being settled without having to go to court.

As an expert who served as the Deputy Associate Administrator for Hazardous Materials at the agency responsible for writing and enforcing the regulations, he can provide you and your attorneys with a qualified and experienced perspective on dangerous goods transportation issues.

Case Study 1:

We supported a client that shipped a product that the plaintiffs claimed was a hazardous material that contributed to an incident aboard a cargo ship that resulted in 3 fatalities (two confirmed dead and one missing), substantial cargo loss, and damage to the vessel. In part, as a result of written reports and deposition testimony provided it was confirmed that the product was not regulated as a hazardous material, the product did not contribute to the shipboard incident and the client was released from the litigation.

Case Study 2:

Served as an expert representing a company that shipped a hazardous material that leaked in a motor vehicle and allegedly exposed the driver to the chemical resulting in a chronic injury. The plaintiff alleged that the shipper was negligent in selecting an appropriate packaging and that the packaging used was defective. The expert report that was provided to the law firm representing the shipper addressed the shipper’s responsibility in selecting appropriate packaging, the packaging manufacturer’s responsibility for providing a compliant packaging, and opined on the likelihood that a defective leaking package was offered for transportation under the circumstances of the incident.  The case was settled in a positive outcome for the shipper.