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Below
is a brief synopsis of some cases for which Mr. Helmer has acted
as a consultant or expert witness. Click on any of the categories below
to review the cases.
Airport
Runways and NAVAIDS
Aircraft
Accident - Plane Ran off End of Runway
Engineering Consultant for plaintiff and his attorney in a
case in which an airplane pilot ran off the end of a runway during an
approaching storm. The plane impacted aircraft lighting and navigation
aids (NAVAIDS) at the end of the runway. Both the plane and the lighting/NAVAIDS
were damaged. Mr. Helmer's report will address whether the aircraft
lighting and NAVAIDS were placed too close to the end of the runway,
and whether poor drainage and unstable soils contributed to the accident
and resulting damage.
Building
Structures
Condominium
Foundation Failure
Expert witness to determine the cause of foundation failure and resulting
structural damage in ten (10) of eighteen (18) condominium buildings
in North Texas. The buildings are two-story with slab foundations on
compacted fill and/or native soil. Some of the slabs have conventional
steel reinforcing, while others are post-tensioned. Mr. Helmer's assignment
was to determine whether the foundation failure was caused by expansion,
contraction and settlement of subsurface soils; plumbing leaks; faulty
construction; or a combination of these factors. Gave deposition.
Foundation Failure - Single Family Residences
Expert witness to determine the cause of foundation failure and resulting
structural damage in eighteen (18) single family residences in South
Texas. The homes are one story on fill and/or native soil. Mr. Helmer's
assignment was to determine whether the foundation failure was caused
by expansion, contraction and settlement of subsurface soils, use of
substandard concrete for building slabs, use of substandard steel reinforcing
in the concrete slabs, and/or other relevant factors. Prepared Engineering
Report and testified in court.
Floor Slab
and Foundation Damage to Warehouse
Consultant for the plaintiff, a developer/owner of a 94,000-square foot
warehouse building, that has severe floor slab and foundation damage
due to faulty construction. This is a multimillion dollar case in which
the occupant of the warehouse building is a Fortune 10 company. Alleged
faulty construction practices include the use of highly plastic soils
for fill under the building, the lack of steel reinforcing bars or mats
in the floor slab, inadequate drainage around the building, and numerous
other improper design and construction practices.
Structural
Damage due to Foundation Failure, Termites, Falling Utility Pole, Water,
etc.
Consultant for the defendant (the insurance company) in a number of
cases involving structural damage to a building resulting from foundation
failure, termite infestation/rot, impact by a vehicle, impact by a falling
utility pole, water intrusion, and similar causes.
Wall Failure
Consultant for the defendant (the insurance company) in a case in which
the plaintiff alleged that the wall of a commercial building fell due
to a windstorm. It was determined that the wall fell due to corrosion
of devices securing the wall to the structural framework of the building.
Building
Vibration
Consultant for the occupant (medical office) in a commercial building
that was adversely affected by vibrations caused by another occupant
of the building.
Office
Building Accident
Consultant for plaintiff who sustained permanent injury when a file
cabinet that she was loading with books and records fell on her. Investigated
the accident site, viewed the file cabinet, made measurements of the
unevenness of the floor, and prepared a report proving that the uneven
floor caused the file cabinet to fall.
Construction
Injury Resulting
from Pedestrian Falling into Sewer Trench
Expert Witness for an excavating subcontractor and his attorney on project
to replace deteriorated sewer lines under a structure. The subcontractor
performed trenching outside the structure and tunneling under the structure,
to enable the prime plumbing contractor to replace the sewer lines.
A pedestrian fell in a trench and was severely injured. The pedestrian
sued the contractor and subcontractor, claiming failure to cover and
mark the trenches. Mr. Helmer's Engineering Report proved that his client,
the excavating subcontractor, was not negligent. The case was settled
favorably at Mediation on the basis of Mr. Helmer's Engineering Report.
Payment
Dispute due to Alleged Project Mismanagement by Subcontractor
Engineering
consultant for a milling (cold planing) subcontractor on state highway
reconstruction project. The prime contractor refused to pay the subcontractor
for a large part of its work. Reasons given were alleged excessive depth
of milling, which required greater quantities of repaving materials
than were intended, alleged project delays, alleged failure to perform
prompt and complete cleanup, and other alleged deficiencies. The case
is currently in progress.
Alleged
Construction Fraud - Inflated Invoices
Engineering Consultant and Expert Witness for plaintiff (public agency)
in litigation before Grand Jury. Plaintiff claims contractor invoiced
for larger areas of construction than performed. Investigation and engineering
report are currently in progress. Alleged fraudulent invoices total
$22.4 million.
Injury to
Flagman
Engineering Consultant and Expert Witness for case involving severe
injury to a Flagman who was run over by a dump truck during asphalt
cold planing (milling) operations. Mr. Helmer reviewed a large number
of case documents. He gave his Deposition in 2003. His testimony focused
on the cause of the accident, especially in regard to the Contractor's
lack of Safety Training for workers engaged in cold planing.
Damage to
Concrete Roads
Engineering Consultant for Contractor who damaged existing
concrete roads at a large power plant by driving a heavy tracked crane
over them. Owner of the power plant requests that the Contractor replace
the damaged concrete pavements. Mr. Helmer inspected the damaged concrete
roads and prepared an Engineering Report, which included estimated cost
and procedures for replacement of the damaged pavements. This case is
currently in progress.
Alleged
Defects in Water Transmission Line
Engineering Consultant for a case in which a multi-county water authority
sued a contractor for numerous deficiencies that occurred during construction
of a water treatment plant and its large high-pressure water transmission
line. The water system's maximum capacity is 12,000,000 gallons per
day. The system provides retail water service in one county, and wholesale
water service to five cities. The Engineering Report was prepared. It
provided an expert opinion concerning a number of construction defects
that occurred. Mr. Helmer testified in the Arbitration for this case,
which occurred in 2003.
Alleged
Asphalt Paving Deficiencies
Engineering Consultant for a case in a Western State in which the county
is suing a contractor for deficiencies in asphalt paving of a number
of miles of rural county road. Mr. Helmer's Engineering Report investigated
the contractor's workmanship in regards to quality and suitability of
the asphalt paving materials that were used, as well as the contractor's
construction practices and equipment.
Rupture
to Water Main
Expert witness for defendants (contractor and subcontractor) for case
involving directional boring across a major highway to install a fiber
optic cable. The directional boring rig impacted and ruptured a 48-inch
water main, which is one of two public water sources for a city of 155,000
population. Damages alleged by the plaintiff (the city) included labor,
material and equipment costs to repair the water main; lost water; additional
electric charges for an extended period of time because they pay for
electricity on a demand basis; and future repairs and/or replacement
of the damaged 48-inch water main. Attended and participated in Mediation,
which resulted in favorable settlement of the case.
Floor Slab
and Foundation Damage to Warehouse
Consultant for the plaintiff, a developer/owner of a 94,000-square foot
warehouse building that has severe floor slab and foundation damage
due to faulty construction. This is a multi-million dollar case in which
the occupant of the warehouse building is a Fortune 10 company. Alleged
faulty construction practices include the use of highly plastic soils
for fill under the building, the lack of steel reinforcing bars or mats
in the floor slab, inadequate drainage around the building, and numerous
other improper design and construction practices.
Damage
to Twenty Residences by Contractor's Pavement Breaker
Consultant for attorney representing twenty plaintiffs whose homes were
severely damaged by vibrations caused by a pavement breaker (guillotine.)
The guillotine was being used by a contractor to remove pavement for
improvement of an Interstate Highway adjacent to the twenty homes. This
is a Class Action Lawsuit. Mr. Helmer reviewed documents for each of
the twenty plaintiffs, including pleadings, counter pleadings, deposition,
structural damage reports, and repair cost estimates.
Pavement
Damage to County Road
Consultant for the plaintiff (a county) on a case in which a county
road was severely damaged by a highway contractor which hauled a large
number of truckloads of earth fill material over it. Reviewed case documents,
inspected the highway, took photographs, analyzed the load-carrying
capacity of the pavement of the highway in relation to loadings imposed
by the large number of heavy trucks, and prepared a report containing
conclusions and professional opinion.
Death of
Highway Construction Worker
Consultant for plaintiff's attorney in case involving death of a highway
construction worker. Plaintiff alleged defects in construction signing,
pavement marking and other construction safety practices. Potential
defendants were the construction contractor and the state highway department.
Pipeline
Damage During Highway Construction
Expert witness for defendant, a natural gas transmission company, whose
pipeline was damaged during excavation for a highway. A severe fire
resulted, which destroyed a costly piece of construction equipment.
Contractor alleged improper relocation of the pipeline. Pipeline company
alleged improper construction practices by the contractor.
Injury
from Falling Debris
Consultant for the plaintiff in a case involving injury to a resident
that occurred when debris from blasting for a drainage ditch penetrated
the roof of a residence nearby. Defendant was the county drainage district
and its insurance company.
Injury
to Motorist During Construction
Expert witness for co-defendants, construction contractor and county,
for case in which motorist left pavement and ran down into ditch on
left side of two-lane roadway while passing other vehicles. Plaintiff
sustained severe injuries. Plaintiff alleged that traffic control devices
and other safety measures during construction were inadequate. Gave
deposition showing that traffic control devices and construction practices
were, in fact, appropriate to the situation.
Drainage
and Storm Water
Damage to
Automobiles at Car Lot During Tropical Storm Allison
Engineering Consultant for attorney and insurance company to assess
cause of flood damage to numerous automobiles at a New Car Dealer Lot
in Houston, Texas, during Tropical Storm Allison in June, 2001. This
case is currently in its early stages.
Flooding
from Tropical Storm Allison
Engineering Consultant for owners of five homes that were damaged by
flooding from Tropical Storm Allison in Houston, Texas during June,
2001. Reviewed case documents, made field inspection, took photographs,
and prepared Engineering Report that analyzed whether or not flooding
of the five homes resulted from downstream channel blockage that was
caused by third parties.
Flooding
in Housing Development
Engineering Consultant for a contractor who constructed utilities for
a housing development adjacent to the rear of an existing housing development.
The contractor's construction activities were alleged to have caused
the flooding of an existing home. Mr. Helmer investigated the topography
in the area and the effect of the contractor's construction on the direction
and magnitude of drainage flow. Mr. Helmer's investigation determined
that the contractor did not cause the flooding of the plaintiff's home.
The case was settled by Mediation on the basis of Helmer's investigation
and professional opinion.
Flooding
and Fatality Resulting from Plugged Detention Pond
Engineering Consultant for a case involving the plugging of the outlet
of an urban detention pond. Water overflowed the earthen embankment
surrounding the pond during a major rain storm. The overflowing water
damaged 25 homes and drowned an automobile driver who attempted to drive
through the rushing water. Prepared an Engineering Report that investigated
and analyzed why the outlet became plugged, and adequacy of engineering
design of the detention pond. The case is currently in progress.
Drainage Flow
Consultant for owner of 50-acre agricultural property who was being
sued by adjoining residential property owners for allegedly changing
the direction of drainage flow onto their properties. Investigated previous
and current conditions to determine that owners of the residential properties
had raised the elevation of their properties, and that they were, in
fact, causing part of the problem themselves. Also determined that owner
of the 50-acre agricultural property had not changed direction of flow
of stormwater runoff, and had not increased the volume or rate of runoff.
Developed
Alleged to have Increased Stormwater Runoff
Consultant for defendant, the developer of a residential subdivision,
who was being sued for allegedly increasing stormwater runoff affecting
two downstream properties. Inspected the subdivision, the downstream
properties, the surrounding drainage area, and engineering drawings
for four subdivisions in the area. Prepared report and affidavit.
Alleged diversion of stormwater
Consultant
for defendant (a rural property owner) who was being sued by an adjoining
property owner for allegedly increasing or diverting stormwater runoff
onto the plaintiff's property. Mr. Helmer Inspected the site and the
surrounding area, met with the defendant, the plaintiff and his attorney.
Attended the court sessions. This case was settled in Mediation based
upon Mr. Helmer's investigation and professional opinion.
Drainage
Blockage - Fill in Flood Plain
The case immediately above was reopened when the original plaintiff
placed 30,000 cubic yards of earthen fill material in the flood plain
immediately downstream from the original defendant. This created a large,
stagnant, permanent pool on the downstream property. Mr. Helmer prepared
an engineering report that determined feasibility and cost for five
alternative drainage improvements designed to eliminate ponding and
flood damage. The court hearing and trial are now pending.
Fire
and Fire Protection
Destruction
of Commercial Property by Fire
Consultant for defendant's attorney and insurance company in a
case in which a valuable commercial structure was destroyed by fire.
The structure was in a commercial development with a public water
system and fire hydrants. The fire department connected to a fire
hydrant and sprayed water on the fire, but the water pressure soon
dropped to zero because the water storage tank was severely undersized.
Prepared report stating professional opinion concerning inadequacy
of the water system in relation to design standards of various water
system and fire protection authorities.
Destruction
of Apartment Building
Consultant for water utility district and its insurance company
in case involving destruction of an apartment building when a fire
hydrant malfunctioned during a fire.
Pipeline
Fire During Highway Construction
Expert witness for defendant, a natural gas transmission company,
whose pipeline was damaged during excavation for a highway. A severe
fire resulted, which destroyed a costly piece of construction equipment.
Contractor alleged improper relocation of the pipeline. Pipeline company
alleged improper construction practices by the contractor.
Highways
and Streets: Traffic Accidents
Payment
Dispute due to Alleged Project Mismanagement by Subcontractor
Engineering
consultant for a milling (cold planing) subcontractor on state highway
reconstruction project. The prime contractor refused to pay the subcontractor
for a large part of its work. Reasons given were alleged excessive depth
of milling, which required greater quantities of repaving materials
than were intended, alleged project delays, alleged failure to perform
prompt and complete cleanup, and other alleged deficiencies. The case
is currently in progress.
Environmental
Impact of Highway Realignment
Engineering
consultant
for one governmental agency (Mr. Helmer's client) that was objecting
to the recommended alignment for a highway that was proposed by two
other governmental entities and their engineering consultant. Mr. Helmer's
client objected that the recommended alignment would have excessive
unnecessary environmental impacts on wetlands, historical and cultural
amenities, and would be more costly than other potential alignments
which would have lesser environmental impacts. Mr. Helmer developed
an alternative alignment for the highway at a scale of one inch to 1000
feet. He prepared reports in 2003 showing that his alternative alignment
would have lesser environmental impacts, as well as a lower cost, than
the alignment recommended by the other parties. This case is currently
in progress.
Accident
Resulting from Ice on Highway
Engineering consultant to the plaintiff for case in which a motorist
lost control of her vehicle on an icy pavement, left the highway, and
impacted a utility pole. The motorist was injured and her three children
have possible injuries. Mr. Helmer's investigation determined that the
icy pavement resulted from flow of water from the median onto the roadway,
flow of water from a median crossover onto the roadway, and/or percolation
of groundwater from the pavement subgrade to the pavement surface through
joints in the pavement. Prepared Engineering Report in 2003, stating
that these three sources of water and ice on the pavement are design
and construction deficiencies. This case is currently in progress.
Injury to
Flagman
Engineering Consultant and Expert Witness for case involving severe
injury to a Flagman who was run over by a dump truck during asphalt
cold planing (milling) operations. Mr. Helmer reviewed a large number
of case documents. He gave his Deposition in 2003. His testimony focused
on the cause of the accident, especially in regard to the Contractor's
lack of Safety Training for workers engaged in cold planing.
Damage
to Concrete Roads
Engineering Consultant for Contractor who damaged existing concrete
roads at a large power plant by driving a heavy tracked crane over them.
Owner of the power plant requests that the Contractor replace the damaged
concrete pavements. Mr. Helmer inspected the damaged concrete roads
and prepared an Engineering Report, which included estimated cost and
procedures for replacement of the damaged pavements. This case is currently
in progress.
Damage
to Gasoline Pipeline
Engineering consultant and expert witness for a gasoline pipeline transmission
company whose pipeline was damaged by a highway contractor, causing
the release of a large volume of gasoline into the environment. Reviewed
case documents and prepared an Engineering Report containing expert
opinions concerning actions and inactions of the contractor, engineering
firm, city and state highway department that contributed to causing
damage to the pipeline. This case was settled based on Mr. Helmer's
Expert Opinions.
Alleged
Asphalt Paving Deficiencies
Engineering Consultant for a case in a Western State in which the county
is suing a contractor for deficiencies in asphalt paving of a number
of miles of rural county road. Mr. Helmer's Engineering Report investigated
the contractor's workmanship in regards to quality and suitability of
the asphalt paving materials that were used, as well as the contractor's
construction practices and equipment.
Highway
Accident Resulting in Severe Injury
Expert witness for plaintiff in case involving severe injury (paralysis)
when vehicle went out of control and rolled over during a rainstorm
on a suburban highway. Plaintiff alleged defects in design, construction
and maintenance of the highway. Defendants were the parish (county)
highway department, contractor and abutting property owner. Testified
in Court for this case.
Accidental
Death at Malfunctioning Traffic Signal
Consultant for plaintiff's attorney in case involving death resulting
from a traffic accident when a traffic signal malfunctioned due to a
storm and resulting power failure. Defendants were the electric power
company and state highway department.
Severe
Injury Accident at Traffic Signal
Consultant for defendant in severe injury traffic accident. Both parties
claim they had the green light. Review of traffic signal timing diagram,
depositions and witness statement proved conclusively that defendant
did have the green light.
Accident
at Traffic Signal (Both Claim Green Light)
Consultant for defense attorney for case involving an accident at the
intersection of a freeway frontage road and a major arterial street.
Defendant on frontage road stated he entered intersection on green signal
and broadsided plaintiff on arterial street. Plaintiff claimed he had
the green signal. A witness statement appeared to support the plaintiff.
However, Mr. Helmer's review of traffic signal timing diagrams, site
visit and photographs proved conclusively that the defense attorney's
client did have the green signal and therefore was not at fault.
Traffic
Controls at Accident Site
Consultant for attorney and insurance company regarding adequacy of
traffic control devices at scene of severe traffic accident. One car
ran stop sign and was broadsided by another at night. Provided report
on sight distance, signs, markings and illumination.
Death of
Highway Construction Worker
Consultant for plaintiff's attorney in case involving death of a highway
construction worker. Plaintiff alleged defects in construction signing,
pavement marking and other construction safety practices. Defendants
were the construction contractor and the state highway department.
Accidental
Death of Motorist due to Falling Log
Consultant for defendant in case involving death of a motorist when
top log on logging truck hit underside of bridge and was dislodged,
striking automobile. Defendant alleged that road was resurfaced, but
that vertical clearance sign was not changed. Another potential defendant
was the state highway department.
Injury
to Bicyclist Falling from Low Water Bridge
Engineering expert for defense attorney and neighborhood association
in case in which a bicyclist was injured by falling off a low water
crossing (small bridge) on a jogging path that lacked safety railings.
Inspected the accident site, took photographs and prepared report regarding
design standards for bicycle paths in relation to characteristics of
the accident site.
Auto-Pedestrian
Accident at Intersection
Consultant for plaintiff attorney for case in which a pedestrian was
struck by an automobile at a signalized intersection at night. Reviewed
accident reports, inspected the scene of the accident, and prepared
a report that evaluated the need (or not) for painted crosswalks, highway
lighting and other safety improvements.
Auto Accident
on Two-lane Highway
Expert witness for co-defendants, construction contractor and county,
for case in which motorist left pavement and ran down into ditch on
left side of two-lane road while passing other vehicles. Plaintiff sustained
severe injuries. Plaintiff alleged that traffic control devices and
other safety measures during construction were inadequate. Gave deposition
showing that traffic control devices and construction practices were,
in fact, appropriate to the situation.
Fatality
at Non-Signalized Intersection
Consultant for plaintiff in case against a State Department of Transportation.
An automobile was turning left at a rural non-signalized intersection
with very poor sight distance, and was struck by another vehicle traveling
at a high rate of speed. One occupant of the left-turning vehicle was
killed and the other was permanently disabled. Mr. Helmer inspected
the accident site and prepared a report addressing several unsafe features
of the highway including sight distance, speed zoning, warrants for
traffic signals, and hazard beacons.
Pavement
Damage to County Road
Consultant for the plaintiff (a county) on a case in which a county
road was severely damaged by a highway contractor which hauled a large
number of truckloads of earth fill material over it. Reviewed case documents,
inspected the highway, took photographs, analyzed the load-carrying
capacity of the pavement of that highway in relation to loadings imposed
by the large number of heavy trucks, and prepared a report containing
conclusions and professional opinion.
Hurricanes,
Tropical Storms and Tornados
Dispute
over Cause of Water Damage to Marina
Engineering consultant for owner of marina and his attorney.
The marina was severely damaged by a major tropical storm. However,
the insuring agency refused to compensate for most of the damage because
they did not believe that it was "storm-related." Mr. Helmer
reviewed case documents and made an inspection of the marina and its
environs. He prepared an Engineering Report proving that the damage
was caused by storm surge and wave action, rather than by hurricane-strength
winds. The case is currently in progress.
Flooding from Tropical Storm
Allison
Engineering Consultant
for owners of five homes that were damaged by flooding from Tropical
Storm Allison in Houston, Texas during June, 2001. Reviewed case documents,
made field inspection, took photographs, and prepared Engineering Report
that analyzed whether or not flooding of the five homes resulted from
downstream channel blockage that was caused by third parties.
Tropical
Storm Frances
Consultant for insurance company to assess cause of damage from Tropical
Storm Frances to three (3) beach homes that are directly on the Gulf
of Mexico at Galveston, Texas. Inspected each structure, took photographs
and prepared reports summarizing condition of the structures, including
professional opinion as to whether the damage was caused by wind or
wave action.
Tornado
Damage
Consultant for the defendant (the insurance company) in a number of
cases involving tornado damage to residential structures. Assessed the
severity of the damage and made recommendations as to whether or not
the structures could feasibly be repaired.
Sewer
Systems
Alleged
Pipe Damage due to Toluene and Acetone
Engineering consultant for owner of shopping center and his
attorney. The shopping center was alleged to have discharged Toluene
and Acetone in its wastewater,at concentrations which damaged PVC and
ABS sanitary sewer pipes of a downstream water district. Mr. Helmer's
investigation determined that the concentration of Toluene would have
to be more than 600 times as great as the highest concentration that
was reported, in order to damage PVC pipes. Also, that the PVC pipes
can withstand an infinite concentration of Acetone without being damaged.
In addition, that the manufacturer for ABS pipes has never even tested
them for resistance to Toluene or Acetone in the extremely low concentrations
that were discharged from the shopping center. Mr. Helmer's investigation
therefore proved that the allegations were extremely erroneous and unfounded.
Sewer-worker
Deaths
Expert witness for plaintiff in case involving two deaths and two severe
injuries when sewer workers entered a manhole to remove a plug. Defendants
were the city, two engineering firms and a contractor.
Extreme
Sewer Backflooding
Engineering Consultant and Expert Witness for the plaintiff whose multi-million
dollar 70-unit apartment project was severely damaged by backflooding
from a city sewer. The defendant, a plumbing contractor, installed project
sanitary sewers that did not meet code, and which were subject to frequent
backflooding. Sanitary sewage backed up into all of the first floor
apartments. The project was ultimately closed and vacated. Mr. Helmer's
investigation and report enabled the plaintiff to be compensated for
his losses.
Damage
Caused By Sewer Backup
Consultant for plaintiff in case involving cleaning of a plugged sanitary
sewer. Removed material included grease which flowed downstream, plugged
the sewer again, and caused flooding of a residence. Defendant is city
and its sewer maintenance department.
Wastewater
Treatment Plant Deficiencies
Engineering Consultant for city in lawsuit against contractor and engineering
firm for deficiencies in design and construction of wastewater treatment
plant. Deficiencies included improper installation of air diffusers,
corrosion and inadequate painting, unequal chlorination of effluents,
improper disposal of sludge, and the need for frequent manual repriming
of pumps. Inspected treatment plant for preparation of engineering report
discussing deficiencies.
Train/Automobile
Accidents
Accident
at Railroad Crossing
Engineering expert for plaintiff's attorney in case involving an automobile/train
accident at a railroad grade crossing. The automobile driver's visibility
was obscured by heavy trees and underbrush on the railroad right of
way. Prepared report stating professional opinion regarding affect of
the trees and underbrush on the driver's ability to see the train.
Fatality Accident at Unprotected Railroad Crossing
Consultant for the defendant (the railroad company) in a case involving
death of three occupants of a passenger vehicle when struck by a train
at an unprotected railroad crossing.
Vehicle/Train Accident during Highway Construction
Consultant for the defendant, a large construction contractor, and its
attorney for case involving an accident at a railroad grade crossing
in which three occupants of a vehicle were severely injured. Proposed
signs and pavement striping were incomplete, and future gates and bells
were not installed. Plaintiffs alleged that this constituted contractor
negligence. Mr. Helmer performed an investigation that included review
of documents, site visit and photographs. He determined that contractor
was not negligent because pavement striping could not be installed until
completion of paving, and that gates and bells were to be installed
later by the railroad company.
Water-Plumbing
Systems
Alleged
Defects in Water Transmission Line
Engineering Consultant for a case in which a multi-county water authority
is suing a contractor for numerous deficiencies that occurred during
construction of a water treatment plant and its large high-pressure
water transmission line. The water system's maximum capacity is 12,000,000
gallons per day. The system provides retail water service in one county,
and wholesale water service to five cities. The Engineering Report was
prepared. It provided an expert opinion concerning a number of construction
defects that occurred. Mr. Helmer testified in the Arbitration for this
case, which occurred in 2003.
Alleged Water Contamination Due To Disinfection By-products
Engineering Consultant and Expert Witness for a case in which over 200
plaintiffs are suing a city for alleged severe health effects caused
by alleged water contamination from water disinfection by-products.
This case involved investigation and an Engineering Report analyzing
a number of improvements that were made to the Water Treatment Plant
by the City over a period of years. Mr. Helmer's report analyzed the
effects over time of these improvements in relation to Federal and State
water quality standards, and whether they were exceeded in violation
of regulatory requirements. Mr. Helmer appeared in Court in connection
with this case, which is currently in progress.
Ruptured
Water Main
Expert witness for defendants (contractor and subcontractor) for case
involving directional boring across a major highway to install a fiber
optic cable. The directional boring rig impacted and ruptured a 48-inch
water main, which is one of two public water sources for a city of 155,000
population. Damages alleged by the plaintiff (the city) include labor,
material and equipment costs to repair the water main; lost water; additional
electric charges for an extended period of time because they pay for
electricity on a demand basis; and future repairs and/or replacement
of the damaged 48-inch water main. Attended and participated in Mediation,
which resulted in favorable settlement of the case.
Product Liability Lawsuit Involving Failure of Water Service
Pipelines
Consultant for plaintiffs in multi-million dollar product liability
lawsuit involving failure of water service line piping in cities in
two states. Made estimates of cost for repair and replacement of 1,000
to 2,000 water service lines, for use by plaintiff's attorney in determining
the dollar value of damages incurred by the cities.
Fire Damage linked to Inadequate Water Storage Tank
Consultant for defendant's attorney and insurance company in case in
which a valuable commercial structure was destroyed by fire. The structure
was in a commercial development with a public water system and fire
hydrants. The fire department connected to a fire hydrant and sprayed
water on the fire, but the water pressure soon dropped to zero because
the water storage tank was severely undersized. Prepared Engineering
Report stating professional opinion concerning inadequacy of the water
system in relation to design standards of various water system and fire
protection authorities.
Malfunctioning Fire Hydrant
Consultant for water utility district and its insurance company in case
involving destruction of an apartment building when a fire hydrant malfunctioned
during a fire.
Injury due to Plumbing Fixture Explosion
Expert witness for plaintiff who was severely injured when plumbing
fixture exploded due to severe water hammer caused by malfunction of
a pressure reducing valve. Defendant was the state university in which
the incident occurred.
Pedestrian Injury - Stepping into Open Water Meter Box
Expert witness for plaintiff in case involving injury to a pedestrian
who stepped in a water meter box with cover removed. Defendants were
the water utility district and the state water commission. Testified
in Court for this case.
Personal Injury - Stepping into Open Water Meter Box
Engineering Consultant for plaintiff who exited vehicle at night and
stepped on floating plastic water meter box cover. Plaintiff's foot
plunged to bottom of meter box, causing severe injury. Mr. Helmer prepared
a report stating that floating meter box covers are a frequent hazard
in this city. Defendants are the city, the manufacturer of the meter
box, and owners of the property where the accident occurred.
Second Product Liability Lawsuit Concerning Water Service Pipelines
Consultant for plaintiffs in a second multi-million dollar product liability
lawsuit involving failure of water service line piping in two counties
and one village (three rural water authorities). Visited the communities,
met with their representatives, and observed replacement of a typical
water service line. Made estimates of cost for repair and replacement
of several thousand water service lines, for use by plaintiff attorney
in determining dollar value of damages sustained by the water authorities.
Extreme Sewer Backflooding
Engineering Consultant and Expert Witness for the plaintiff whose multi-million
dollar 70-unit apartment project was severely damaged by backflooding
from a city sewer. The defendant, a plumbing contractor, installed project
sanitary sewers that did not meet code, and which were subject to frequent
backflooding. Sanitary sewage backed up into all of the first floor
apartments. The project was ultimately closed and vacated. Mr. Helmer's
investigation and report enabled the plaintiff to be compensated for
his losses.
Water-Sewer
Management
Utility
District Management Firm
Consultant
in multi-million dollar case involving replacement of one utility district
management firm (Helmer Engineering, Inc's client) by another. Owner
of the utility district alleged mismanagement and excessive charges
by Mr. Helmer's client, who disagreed. Mr. Helmer performed a detailed
evaluation of the circumstances and records to prove that his client
acted properly in performing its duties.
For
more information, or to discuss a particular project or legal case, complete
the inquiry form or contact:

Ray
G Helmer, P.E.
9314 Bankside
Houston, Texas 77031
Tel: 713/777-7611 or email:helmereng@comcast.net
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