Posted on October 6, 2008 12:37 PM |Permalink |TrackBacks (0)

By Jeff Drake[1]

Trial attorneys, insurers, investigators, and forensic experts dealing with cases that involve a variety of catastrophic events can benefit from the use of 3D exhibits that document and demonstrate the physical aspects of their cases.  Following a fire, explosion, construction accident, structural failure, or other incident, it is critical that the evidence be documented immediately in order to preserve a record of the event for trial. This is where a Demonstrative Evidence Specialist (DES) steps in.

The DES is a designer trained in problem solving, who works in tandem with the legal/expert team to create a visual strategy for use in presenting a case. The DES consults with the attorneys to learn about the evidence and theory of the case, and also meets with expert witnesses scheduled to testify at trial in order to learn the technical issues involved from their point of view. In many instances, the DES's mission is to illustrate the expert's testimony. Attorneys can look to the DES to support the litigation process in ways that far exceed the production of exhibits.
 
Investigation Process

The DES works with investigators in documenting a scene, interviewing witnesses, inspecting equipment, creating technically accurate, visually specific graphics, and providing illustrations for expert reports. For example, the DES may work with a fire protection engineer to understand and graphically depict the dynamics of a sprinkler system's performance and effectiveness during a fire that overwhelms the system due to the building design.
 
Interaction with Attorneys

The DES bolsters the attorney's case by creating preliminary exhibits for use in depositions; assisting during depositions by supplying pre-made graphic templates to help witnesses (i.e., provide scale components for use by the witness in recreating a kitchen layout before a fire); drawing artistic sketches of a witness's testimony during deposition (i.e., illustrating the position in which a nurse found a deceased patient in a bed-rail entrapment case); and producing a series of trial exhibits that effectively summarize the client's case.
 
Trial Testimony

There are two reasons for a DES to testify at trial:

1)      Defense: When the other side objects to the exhibits, the DES must be able to testify that they are fair and accurate in order for them to be entered into evidence.

2)      Offense: The DES is an ideal witness to introduce and explain the site to the judge and jury as the exhibits are introduced. Having gone through a painstaking process to create fair and accurate exhibits, the DES often knows the physical site better than any other member of the litigation team. 

The DES needs a thorough understanding of a situation to create the exhibits. Often, the work involves drawing or building the site piece by piece in a scale model or computer model. Litigators can capitalize on this knowledge and use it to great advantage in court. The attorney who best explains the physical aspects of a case to the court effectively owns the site.

The DES's testimony may include explaining the process used to recreate a site (listing such items as the technical documents, medical records, depositions, photographs, expert reports witness descriptions, and video footage that were reviewed); describing the reconstruction process (the CAD program used, the scale used, consultations with experts, and first-hand inspection of the site and/or equipment); and the medium or materials used in the final exhibits.
 
Design Process

The DES looks at a case through the eyes of a juror and asks the following questions:

    * How would this best be explained to me?
    * What do I want to see as the attorney is explaining this case to me?

Demonstrative evidence can take the form of graphic exhibits (both printed and electronic), scale models, and animations. The DES recommends which type of exhibit or combination of exhibits will most effectively illustrate the case. This recommendation takes into account the complexity of the case, the trial schedule, and the budget available for exhibits.

The DES integrates all of the available information into as few exhibits as possible to simplify the in-court presentation. A scale model is one of the most effective types of exhibits for accomplishing this purpose. Whether the model is of a building or a product, the jury members will have a much easier time understanding the circumstances at issue if they can see the physical aspects of the case in three dimensions, right in front of them. 3D models are used to explain orientation, terminology, physical relationships, size, and scale; they enable the jury to focus on the issues at hand without struggling to understand what the site looks like.

Two cases in which models prepared by Drake Exhibits were key factors in obtaining positive results for its clients are described below:

Malden Mills textile plant explosion and fire

In 1995, the Malden Mills textile manufacturing plant in Methuen, Massachusetts, was the site of a massive explosion and fire that resulted in dozens of injuries, financial losses totaling nearly $500 million, seven years of litigation, and one of the largest fire investigations in the region's history. Retained by the mill's property insurer, Commerce & Industry Insurance Co., Drake Exhibits assisted in all phases of the case-from site investigation, documentation, and reconstruction to demonstrative evidence services that included design and development of a series of graphic exhibits and a scale model.

The scale model of the portion of the Monomac building involved in the initial explosion and subsequent spread of the fire represented an area measuring over 200' long and over 100' wide, including structures outside the building and trailers parked next to the building. Flock line and dryer equipment inside were represented in detail. The scale of the model had to be large enough for people to easily view the detail and small enough to be transported to meetings and court hearings. The exhibit was designed to split into two sections, each measuring 7' long, 3' wide, and 3' tall.

The use of this model for case strategy meetings, witness interviews, court hearings, and mediation greatly simplified many of the tasks that the legal and expert teams had to accomplish in order to achieve a favorable settlement for the client.

Monomac Building Model
 
Child fatality - booster seat product liability

A child succumbed to injuries sustained in a car accident following the failure of the booster seat restraint in the vehicle in which he was riding. On behalf of the defense (the booster-seat manufacturer), Drake Exhibits located an exemplar of the Toyota Camry's rear section and prepared it as a trial exhibit to illustrate proper seatbelt-fastening methods. Drake also produced a model at three times the actual size of the car's seatbelt mechanism that dramatically illustrated how a foreign object (in this case, a rubber band) would cause the seatbelt to malfunction. Both exhibits were critical to a swift finding for the defense.

Camry Seat   Seatbelt Mechanism

[1] Mr. Drake is Principal of Drake Exhibits (www.drake-exhibits.com). He joined the Round Table Group in 2008.

Categories
Expert Witness War Stories, The Expert Advisor, Working With Experts

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3D exhibits
Demonstative Evidence
Expert Testimony
Expert Witness

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