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CONTACT INFORMATIONDJS ASSOCIATES, INC.1603 Old York RoadAbington, PA 19001experts@forensicDJS.com215.659.2010Toll Free: 800.332.6273Fax: 215.659.7156JOY FALK SCHORR, CEOJUSTIN P. SCHORR, PH.DPresident and Principal CollisionReconstruction EngineerJPS@forensicDJS.com215.659.2010 Ext. 11LAUREN TROXEL WYSOCKAExecutive DirectorCompany Information & SeminarsLAT@forensicDJS.com215.659.2010 Ext. 46JON W. ADAMSDirector of Reality Capture3D Laser Scanning / Drones JWA@forensicDJS.com215.659.2010 Ext. 19ROBERT G. GISONDILead Forensic InvestigatorInvestigations / Rapid Response RGG@forensicDJS.com215.659.2010 Ext. 29R. SCOTT KING, BSME, CFEIPrincipal Automotive / MechanicalEngineer and Rapid ResponseRSK@forensicDJS.com215.659.2010 Ext. 35HUGH BORBIDGE, BSMEDirector of Engineering Animations3D Demonstratives and AnimationsHBB@forensicDJS.com215.659.2010 Ext. 23ROBERT T. LYNCH, PEPrincipal Collision ReconstructionEngineer and Rapid Response RTL@forensicDJS.com215.659.2010 Ext. 21Page 2TIMOTHY R. PRIMROSEMobile Forensic AnalystExpert Consulting DepartmentTRP@forensicDJS.com215.659.2010 Ext. 41

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Case Synopsis: An equipment technicianwas called into a manufacturing facility totroubleshoot and repair a piece ofmanufacturing equipment. Upon hisarrival, he was shown the machine andverified it would not operate. Afterconfirming there was power to themachine, he began to troubleshoot. Basedon the information he was able to gather,he believed the problem was related to afailure of a sensor designed to stop themachine in case of a jam. Prior toattempting to repair the system, thetechnician requested to secure the powerto the machine. Personnel informed himthat was not possible as the powerdisconnect powered both the subjectmachine as well as two adjacent machines. Given this limitation, the technicianopened the door to the cabinet containingthe electronic control component for themachine. The design of the system wassuch that opening the control panel wouldactuate a door switch and prevent themachine from starting. He reportedlyattempted to start the machine again, andit did not start. While replacing the sensor believed to becausing the problem, the machineimmediately started and the technician’shand became entrapped in the machine. Expert Analysis: Investigation of theincident revealed the machine controlsystem was designed such that openingthe control panel door would actuate adoor switch, preventing the machine fromoperating. The technician reported thatafter opening the door he verified thedoor switch operated freely andattempted to start the equipment, whichwould not start. Inspection of theequipment following the incidentrevealed that the position of the controlpanel door switch did not affect the abilityto start the machine. A closer inspectionof the wiring inside the control panelrevealed a jumper wire had been installedacross the connections for the doorswitch, rendering the door interlocksystem non-functional. The result was, tothe system, it appeared the door wasalways closed, and the machine wascapable of starting. John’s expertise extends to theinvestigation and analysis of allegedmechanical failures of productsincluding industrial equipment,consumer products, child safety seats,seatbelts, seatbacks, restraint systems,occupant restraints, wheelchair andpatient lifts, lawnmowers, and ladders.He can be reached via email atexperts@forensicDJS.com or via phone at 215.659.2010John R. Yannaccone, P.E.Principal Mechanical EngineerAdditional investigation and depositions offacility personnel discovered the plantmaintenance worker who had tried torepair the equipment during the shift priorto the incident had installed the jumper toallow him to work inside the controlcabinet with the system energized. Thisworker indicated he told his relief he hadinstalled this jumper prior to leaving at theend of his shift, however, this other workertestified he had no recollection of beingtold there had been a jumper installed. Hefurther testified his practice was to holdthe door switch closed if he needed to havethe system energized with the door open. The analysis showed the installation of thejumper wire circumvented the safetyinterlock system the manufacturer haddesigned into the machine. Additionally,the facility had failed to install theequipment with a power disconnect orcircuit breaker for each machine, asrecommended by the equipmentmanufacturer. This prevented the isolationof the machine from its power source andthe ability to lockout and tagout themachine. Result: The claim against the equipmentmanufacture was dropped by the plaintiffbased on being able to demonstrate thefacility personnel had disabled the safetyinterlock system of the machine and hadnot provided an independent shut-off forthe power to this machine. Additionally,the plaintiff failed to follow properlockout/tagout procedures he was welltrained in. Interlock OverridePage 3

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C H R I S T A A . B A K O S , R N , C W C N , D A P W C AKennedy Terminal Ulcerphysician should be notified. The documentation should includethat it has been identified as a KTU, in addition to the stage and ordepth (e.g., Stage IV KTU or Full-Thickness KTU)Karen Lou Kennedy published results of a study of approximately500 residents over 5 years with pressure ulcers/injuries. Shefound that residents who developed pressure ulcers/injuries diewithin 2 weeks to months of onset. Within 6 weeks of onset, 55.7%died. Those who are near the end of life, frequently experiencepressure ulcers/injuries as a form of skin death. As skin isdependent on other organs to function adequately; it requirescirculation, nutrition, and immunity. As people age, theircirculation begins to fail, thus providing less and impaired bloodflow to the tissue and skin. Skin requires 25-35% of cardiac output,which is the amount of blood pumped from the heart into thecirculatory system with every heartbeat. This requirementbecomes difficult to meet because blood is circulated and divertedto other major organs to survive. There are cases in which KTU'sdevelop in patients who are critically ill experiencing multi-organfailure. In cases such as these, KTU's may be reversible and apatient may survive due to the aggressive medical interventionsprovided.Since KTU's are most often associated with the end of life andimminent death, the approach to treatment may be different thanthe traditional pressure ulcer/injuries. Often, patients will be inhospice or palliative care, with the goal of comfort and pain relief.If aggressive treatment methods are recommended but refused bythe patient and/or family, then comfort measures should beimplemented. If aggressive treatment is chosen, then the KTU willbe treated based on the ulcer/injury clinical presentation andstaging. In this case, general standards of wound care apply.KTU's are considered unavoidable due to the dying process of theskin. Therefore, it is important to immediately document theappearance on identification/assessment and notify the physicianto obtain a diagnosis. The key to appropriately identifying KTU's iseducating staff. Treatment plans should be developed andimplemented based on the clinical presentation and staging of thewound, keeping in mind the wishes and expectations of thepatient and/or family. In some instances, KTU's are not properlyidentified. An expert in wound care has the education, training,and experience to determine the proper identification,documentation, and treatment of KTU's.Usually located on a sacrococcygeal area, however, can alsoappear on the heel, elbow, calf, or arm.Appear to be shaped like a pear, butterfly, or horseshoe.Red, yellow, black, blue, and/or purple in color.Presence of irregular bordersThere is a sudden onset.The Kennedy Terminal Ulcer (KTU) is an area of skin breakdownthat develops when a person is dying and/or in multiple organfailure. The term KTU was named after Karen Lou Kennedy, afamily nurse practitioner, who in 1983 first started the process indifferentiating this type of skin breakdown from standardpressure ulcers/injuries. In 1989, the National Pressure UlcerAdvisory Panel (NPUAP) formally recognized KTU's by definingthem as an unavoidable skin breakdown related to the dyingprocess, having certain identifying characteristics thatdifferentiate them from traditional pressure ulcer/injuries. Thecenter for Medicare and Medicaid Services (CMS) has also adoptedthe definition and differentiation of KTU's from standard pressureulcers/injuries. In order to differentiate a KTU from a standardpressure ulcer/injury, it is essential to immediately identify thecharacteristics:Immediate assessment and documentation upon presentation bythe nurse or staff is vital to ensure appropriate diagnosis andinterventions are implemented. Accurate diagnosis of a KTU isdependent on the review of the patient's medical history todetermine if death is imminent and the clinical presentation ofthe skin breakdown.KTU's develop when the body's vascular system can no longeradequately supply blood to the skin and tissues. The skin is thelargest organ of the body; just like the brain and liver, it requiresblood supply to remain functional and alive. Without theappropriate blood supply, skin can fail just like organs can; this isalso known as skin failure. Since the skin is an exposed organ, thisfailure is visible whereas an internal organ's failure is usually seenon diagnostic studies. This can occur when a person is activelydying or critically ill, and on medications that deliver the bloodsupply to the vital organs for survival.Often, the KTU is not present at the start of a nursing shift, butquickly evolves into a stage III pressure ulcer/injury (if not,pressure may progress to a full-thickness skin loss) by the middleof the shift.The sudden appearance of a newly developed injury/ulcer can besurprising to the staff or caretaker, causing a moment of surprise.As with any change in condition, upon identification, KTU's shouldbe documented immediately by staging or depth determinationaccording to its clinical presentation and the Christa is a licensed Registered Nurse with over 20 years ofexperience working in hospitals, outpatient centers, andhome health. Her casework involves the investigation ofnursing care related to wounds, pressure ulcers, skincare,critical care, falls, strokes, documentation, assessments,facility policies, procedures, operations, and staffing. Contact Christa via email atexperts@forensicDJS.com or via phone at 215.659.2010.Page 4

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Carpe Datum "Seize the Data"In the field of digital forensics, it’s important forinvestigators to collect data in a forensically soundmanner. This means collecting data without manipulatingor deleting any data. Not every device that we receive isfunctioning or in its manufactured state. Cell phones arecrushed in car accidents, SD cards are thrown in washingmachines, and thumb drives are stepped on. In thesescenarios, data can still be retrieved. Cell phones can berepaired and SD cards can be properly dried, while anybuilt-up corrosion can be cleansed. If someone tries todestroy evidence by stepping on a thumb drive, thelocation of where the data is stored will most likely remainintact.The portion of a thumb drive that we see is just aprotective shell for a logic board that contains the chipwhere data is stored. Stepping on a thumb drive willdisrupt the connections established for communicationbetween the logic board and a computer. The chiplocation is adhered to the underside of the logic board.Although the connection is lost, the data is not gone; it stillresides on the chip. There are four pads on the logic boardthat are connected to the USB connector in order tocommunicate with a computer or other supported devices.The four pads have different roles. Two of the pads areused to provide power to the device. The remaining twopads control data in (data being stored) and data out(data being accessed or removed). The four pads areindicated on the right.There are four pins on the end of the USB connector thatare typically adhered to these four pads in order totransfer data to and from the device. Since this devicewas smashed and the logic board remained intact, wewere able to solder wires to the pads and wire this logicboard to an existing USB cable. Solder is a metal alloythat melts at high temperatures and cools quickly to holdelectrical components in place. Timothy R. Primrose, Mobile Forensic AnalystContinued on page 6...Page 5

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Case Synopsis: The operator of a commercial tractor-trailer was fatally injured when the brakes on his vehicle failed while descending along hill. Witnesses reported seeing smoke and smelling a strong burning odor from the truck shortly before the incident. After theincident, police investigators discovered various braking deficiencies consistent with reduced braking efficiency, which would haverendered the vehicle out of service. Researching the vehicle’s service and maintenance history revealed a recent Department ofTransportation (DOT) inspection that reportedly included inspection and servicing of the tractor-trailer’s brakes. Based on this, the estateof the deceased operator filed suit against the defendant repair shop alleging defective vehicle inspection, maintenance, and repairprocedures. Expert Analysis: After preserving the incident vehicle, a joint-expert examination was conducted. In addition to a full brake systeminspection, which included the removal of all tires, wheels, and brake drums, the tractor’s Engine Control Module (ECM) was imaged.Consistent with the police inspection, the independent inspection revealed numerous braking deficiencies that adversely affected vehiclebraking characteristics. Experts for the defendant repair facility conceded that several of the braking deficiencies likely existed at thetime of the recent DOT inspection; however, it was clear that several others occurred after that inspection. Further, all of thosedeficiencies should have been identified during a proper pre-trip inspection. Moreover, a review of the ECM data, combined with ananalysis of the tractor’s transmission and drive axle configuration, revealed that the operator initially selected a gear that was severalgear ranges too high for the hill he was descending, and that he attempted to downshift into a lower gear midway down the hill but wasunable to do so. As a result, the vehicle descended the remaining grade in neutral, rendering the engine brake ineffective. Result: Based on the inspection observations, test results, and ECM data, investigators concluded that factors contributing to theincident included the operator’s inexperience, improper transmission operation, and inadequate pre-trip inspection, as well as impropermaintenance by the defendant repair shop. Case settled.After the wires were soldered, we were able to connectthe “thumb drive” to a computer and access the datastored on it. To verify that this worked, check out the redlight in the bottom right-hand corner of the image. Thisshows that the device had power. The goal for digital forensic investigators is to seize thedata. This could mean fixing a device or finding a work-around as illustrated in this scenario. As long as theprocess is conducted in a forensically sound manner, thedata can be seized properly and securely, making itadmissible in court. Tim specializes in securing, imaging, and analyzing data from cellular phones, tablets, GPS, smartwatches, drones, SDcards, hard drives, and other mobile devices. He can also preserve evidence from application platforms or the cloud,including social media data. RUNAWAY TRACTOR-TRAILERR. SCOTT KING, BSME, CFEI, PRINCIPAL MECHANICAL / AUTOMOTIVE ENGINEERScott specializes in automotive and commercial trucking investigations. His background in professional vehicle repair andmechanical engineering enables his effective and efficient investigations for identifying and diagnosing root-cause factors inautomotive forensic investigations. Areas of consultation include Event Data Recorder (EDR) extraction and analysis, vehiclesteering and braking control, wheel detachment events, and vehicle repair industry best practices, among others. Contact Scott via email at experts@forensicDJS.com or via phone at 215-659-2010.Contact Tim via email at experts@forensicDJS.com or via phone at 215.659.2010.Page 6

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Coefficient of Friction01 CoF - Change In Velocity02 Delta - V - Event Data Recorder03 EDR - Principal Direction of Force04 PDOF - Time05 Perception-Reaction The coefficient of friction describes the “stickiness” of asurface. A wet roadway will be slicker, and have a lowercoefficient of friction than a dry roadway, thus requiring moredistance for a vehicle to stop. When collisions occur on a hill,an adjusted friction value, also known as an adjusted dragfactor, will be used to evaluate the stopping distance. Delta-V comes from the Greek symbol “delta,” typically used tosignify a change, and “v,” which stands for velocity, a fancyword for speed (albeit with a specific direction). So, Delta-V issimply the change in speed that a vehicle experiences during acollision. If a vehicle traveling at 50 miles per hour hits a wall, itwill go from 50-to-0 due to the collision, and thus, it willexperience a Delta-V of 50 miles per hour. If a vehicle travelingat 50 miles per hour hits a vehicle in front of it that is stoppedin traffic, both vehicles will have some "post impact speed"(i.e.- not immediately stopped at impact) and the Delta-V wouldbe much less than 50 miles per hour. If the two vehicles wereequal weights, the Delta-V for both vehicles would be 25 milesper hour. Therefore, Delta-V is not to be confused with impactspeed but allows for a measure of the severity of a collision,and can be utilized in order to evaluate the impact speed.Commonly referred to as a "black box," both commercialvehicles and passenger vehicles can be equipped with an EDR.EDRs have been around for over 20 years. Most passengervehicles manufactured after 2013 have an EDR that will record5 seconds of pre-crash data, such as speed, braking, andacceleration, when the vehicle is involved in a collision wherethe Delta-V is greater than 5 miles per hour. PDOF is used to describe the direction that the collision forcesact on the vehicle and specifically how occupants will move inresponse to the collision forces. A PDOF of 12:00, is from thefront of the vehicle and occupants will move forward into anairbag cushioning the driver’s head from impacting the steeringwheel. A PDOF of 6:00 is from the rear, and occupants willmore backward into the seatback and head rest. Occupantsinvolved in a rear-end collision will initially move backward intotheir seats as opposed to forward into the steering wheel. A driver’s perception-reaction time encompasses the totalamount of time between when a hazard is presented to thedriver to when the driver would be expected to apply an evasiveaction such as braking. This includes the time to detect andidentify the hazard, decide what evasive action to take, andthen act upon that decision. For a daytime emergencysituation, a typical perception-reaction time is approximately1.5 seconds. If a hazard is visible for less time than is neededto perceive and react, then a collision is unavoidable for thedriver. Back to Basics: Collision ReconstructionThe field of collision reconstruction, as with most other professions, uses acronyms and terms that are well-known to those of us who dothis every day, but less known to the layperson. We use terms like PDOF, EDR, Delta-V, CoF, and perception-reaction time in order to describea collision event. Below are definitions of each term, along with examples, to better understand each concept. Principal CollisionReconstruction EngineerRobert T. Lynch, P.E.Bob is a licensed Professional Engineer and an accredited traffic accident reconstructionist by the Accreditation Commissionfor Traffic Accident Reconstructionists (ACTAR). He specializes in nighttime photography techniques, as well as incidentsinvolving pedestrians, bicycles, and motorcycles. His certifications include Crash Data Retrieval (CDR) Technician & Analyst,Heavy Vehicle Event Data Recorders (HVEDR) Technician & Analyst, and he is licensed by the FAA as an Unmanned AerialSystems (UAS) Remote Pilot.Bob can be reached via email at experts@forensicDJS.com or via phone at 215.659.2010.Page 7

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Lauren A. Latzko, Executive DirectorINFORMATION REQUEST FORMFax: 215-659-7156 or Email: lat@forensicDJS.comTo receive additional DJS information, please check the appropriate box(es):Expert Network ServicesTo receive an abstract on any of our seminars, please check the appropriate box(es):Mobile Forensic Hide and Seek: Where is Your Data Hiding?Your Lying Eyes: Unlocking Hidden Secrets in Video Evidence Using Forensic AnalysisIn the Air Tonight: Shedding Light on What Makes Nighttime Collisions DifferentThe "Long Haul": From Crash to Trial, How to Stay a Step Ahead in Trucking CasesEDRs, Telematics, and Infotainment: What Your Vehicle is Telling YouElectronic Data for Investigations: Infotainment & Cellphones-The Dynamic DuoForensic Consulting & Investigations3D Laser Scanning (DJSscans.com)24-Hour Emergency ResponseMobile Device/Cell Phone DownloadSeminar Topic List3D Engineering AnimationsEvent Data Recorder/GPS ForensicsForensic Storage & Technology CenterAutonomous TechnologyName:Firm Name:Address:City, State, Zip:Phone:Fax:E-mail:How would you prefer to receive the information?faxmaile-mail215.659.2010 800.332.6273 Fax: 215.659.7156 experts@forensicDJS.comwww.forensicDJS.comPlease state the area(s) of expertise:Carl Berkowitz, Ph.D., P.E., AICPTo receive any of the following curricula vitae from DJS Associates, please check the appropriate box(es):Request to receive the curriculum vitae for one or more of our consultants in a specific area of expertise:Christa A. Bakos, RN, CWCN, DAPWCACol. Bryan Smith, P.E.Justin P. Schorr, Ph.D.John R. Yannaccone, P.E.Donald J. SimoniniTimothy P. Reilly, P.E.R. Scott King, BSME, CFEIRobert T. Lynch, P.E.Timothy R. PrimroseStacy L. Donnelly, RN, BSNTom Griffiths, Ed.D.

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Ailanthus, "Tree-of-Heaven"Russell Carlson, RCA, BCMA, Arborist with DJS Associates, Inc.,can be reached via email at experts@forensicDJS.com or via phone at 215.659.2010.Synopsis: A hurricane crossed the mid-Atlantic region withhigh winds and heavy rains. In the pre-dawn hours, a familyof four was driving on a State highway when a tree brokenear its base, fell across the road, and landed on thepassing vehicle. Both parents were killed; the minorchildren in the back seat were injured. The condition of thetree at the time of failure, as well as existing weatherconditions, were scrutinized as causative factors. The treewas located at the edge of the State-owned, right-of-way.An old box-wire fence was attached to the tree on the sidetoward the road. The ground at the base of the tree slopedsteeply downward toward a naturally wooded swamp. Thebase of the tree had an open cavity below the majorbuttress roots on the downslope side, and internal wooddecay extended several feet up the trunk. Expert Analysis: Plaintiffs claimed the species of tree,Ailanthus, or tree-of-heaven, was a contributing factor to thefailure because of “rapid growth patterns and weak woodand branch structure.” The presence of the cavity at thebase of the tree was claimed as being a “serious andobvious defect.” Plaintiffs also claimed that Ailanthus treesare undesirable for a number of other reasons, most ofwhich had no bearing on the failure of the tree. Ailanthustrees have softer and less dense wood than some other treespecies, but they have denser wood than many other nativetrees that are considered desirable. This species growsquite rapidly when young, but growth rates both verticallyand radially soon slow. Plaintiffs’ assertions that the treewas weak because it grows fast were incorrect. It isconsidered to be invasive because of its ability to createnumerous root suckers, often at the expense of otherspecies, but this was irrelevant to the failure. A careful review of police photographs, and examination ofthe incident site, revealed several key factors. The crotchesthat plaintiffs said to be weak did not fail. The main trunkleaders above the lowest crotch broke on impact but werenot a factor in the whole tree failure that caused theincident. The open cavity at the base of the tree was onlyvisible, prior to the failure, by observing the base of the treefrom the side opposite the roadway. The observer wouldhave to climb over the fence and walk through the heavyvegetation and soft ground in the adjacent swamp to seethe cavity; any normal and reasonable inspection of treesalong roadways does not include such an extensiveinspection. The failure of the tree was the result of hiddeninternal wood decay, not detectable through standardinspection techniques. Plaintiffs' case was built on thesupposition that Ailanthus trees were undesirable in thelandscape, considered invasive, and had characteristics thatoften led to failures. None of those factors contributed to thetree failure or the fatal incident. Plaintiffs also attempted toplace an unsupported burden on the State to makeextensive inspections beyond normal and standardprocedures. Result: Case settled.Page 9

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Physical abuse is defined as inflicting or threatening to inflictpain or injury to an elder person. Physical abuse can includeacts such as, hitting, biting, beating, choking, suffocating,pushing, shoving, slapping, kicking, pinching, and burning.Emotional Abuse is defined as inflicting mental pain, verbalassaults, threats, harassment, humiliation, or intimidation.Emotional abuse includes calling names, insults, isolation,and seclusion, prohibiting access to various resources andthreatening. Threats can come in various forms such astelling the elder person that they will never be able to gohome (from the nursing home) or that they cannot see friendsor family if they do not do things or act in a certain way. Financial exploitation is defined as illegally (without consent)taking, misusing, and canceling funds, property, or assets tobenefit someone other than the elder person. Financial abuseincludes forging of checks, use of their credit/ATM cards,coercing to surrender finances, use of their state-fundedresources, or improper use of guardianship or power ofattorney.Neglect is defined as a caregiver’s failure to provide a personwith basic needs such as food, clothing, shelter, medical care,and protection. Neglect includes, but is not limited to, notproviding proper nutrition, hygiene, environment-appropriate clothing, and failing to provide a safeenvironment. Neglect can pose a serious risk ofcompromising health and safety to an elder person. Warning Signs of AbuseMany times there are signs of elder abuse that go unnoticed.Having signs of abuse does not necessarily confirm abuse, butcould be an indicator of a possible problem that requires aheightened awareness.Sexual abuse warning signs may include sudden andunexplained sexually transmitted diseases, bruising, cuts, andsores in or around the breasts, genitalia, inner thighs, andbuttocks. Physical abuse warning signs may include unexplainedinjuries such as bruises, fractures, cuts, sores, burns, andpressure marks.S T A C Y L . D O N N E L L Y , R N , B S NN U R S I N G & N U R S I N G H O M E E X P E R TElder AbuseElder Abuse is defined as an intentional or knowing act by acaregiver or another person that causes harm or serious riskto a vulnerable elder adult. For the purpose of this article, anelder adult is defined as someone age 60 or older. Elder adultswho have been abused are at a much greater risk of death thanthose who have not been a victim of abuse. The abused and theabuser or perpetrator are of various ethnic backgrounds,gender, and socioeconomic status. The abuser or perpetratoris typically known to the victim such as a relative, caregiver, or"trusted other."Types of Elder Abuse:According to National Center for Injury Prevention andControl and the Center for Disease Control and Prevention,elder abuse can be categorized into five categories. Theseinclude sexual abuse, physical abuse, emotional abuse,financial exploitation, and neglect.Sexual Abuse is defined as non-consensual touching, fondling,intercourse, or any other sexual activity with an elder person.Under sexual abuse, the person is unable to understand,unwilling to consent, threatened, coerced, or physically forcedinto or witnessing of such behaviors. Continued on page 11...Page 10

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Emotional abuse may present as unexplained oruncharacteristic changes in mood and behavior, self-isolation, and withdrawal from previously engaged activities. Financial abuse warning signs include a sudden or slow onsetof an inability to afford amenities. The person may beexcessively gifting money to an organization, a friend, a familymember, or a companion. A caregiver, family member, orPower of Attorney may have control of the person’s finances,and still, the needs of the elder person are not being met.Financial abuse also occurs when the person has signed awayproperty, money, or assets but is unable to comprehend whatthe transactions mean.Neglect warning signs include lack of basic hygiene,appropriate clothing, food, and medical care. The elderperson may be unkempt, have an odor, bedsores, suddenunexplained weight loss, or dehydration. The person may alsobe left unattended or in bed without proper care. Their homeor environment may be dirty, cluttered, in disrepair, lackheating, water, electricity, and appropriate appliances.With any type of abuse, there are also some warning signs notdirectly related to the person. These may include actions ofthe caregiver such as isolating the person, being verbally orphysically aggressive, or frequenting financial institutions.Stacy L. Donnelly, RN, BSN, is a licensed Registered Nurse with 20+ years of experience working with Nursing Homes, SkilledRehabilitation Facilities, and Continuing Care Retirement Communities. Her casework frequently involves investigations intofalls, weight loss, dehydration, elopement, wrongful death, sexual assaults of nursing home residents, resident abuse andnegligence, facility policies, procedures, and staffing. Reporting of AbuseAnyone suspecting an elder person is being abused shouldreport their suspicion. When reporting abuse, the personmaking the report does not need to prove or have proof thatabuse has actually taken place. If the person is in immediatedanger, 911 should be contacted. When the situation is not life-threatening, the local Adult Protective Service agencies shouldbe notified. The person making the report cannot be identifiedto the abuser or the alleged victim. There are specificguidelines and regulations for the reporting of suspectedabuse within facility settings. Persons such as physicians,caregivers, persons responsible for the care or custody of theelder, licensed staff, clergy, and ombudsman are required toreport any suspicions of elder abuse. Abuse Prevention The best way to decrease elder abuse by caregivers is to focuson preventing the abuse before it occurs. In order to do this,the facility should focus on the screening of staff andvolunteers, training, and stress reduction. These trainingsmay include definitions and understanding of the types ofabuse (including examples), recognition and awareness ofsigns of possible abuse, requirements for reporting abuse,intervention methods related to dealing with aggressiveand/or inappropriate behaviors of residents, and stressreduction. Through proper and effective development ofscreening processes and training, facilities can help todecrease the prevalence of elder abuse.AbuseAcute CareAdministrationAddiction MedicineAnesthesiologyBiomedicalCardiologyContinuing CareEmergency CareHospitalsI.M.E.InjuriesMedical FacilitiesMedical MalpracticeNursingOrthopedicPain ManagementPathologyPediatricsPharmaceuticalPharmacologyPrescriptionsPressure UlcersStandard of CareSurgeryToxicologyWound CareMs. Donnelly can be reached via email at experts@forensicDJS.com or via phone at 215.659.2010. DJS MEDICAL EXPERTSPage 11

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When looking into whether drive aisles within a specific site are required to have crosswalks, it becomes clear thatthey are not often required by applicable regulations. Additionally, the Manual on Uniform Traffic Control Devices(MUTCD) warns against indiscriminate placement of painted crosswalk lines. Section 3B.18 of the 2009 MUTCDstates: "Crosswalk lines should not be used indiscriminately. An engineering study should be performed before theyare installed at locations away from a traffic control signal or an approach controlled by a STOP or YIELD sign." However, there is one circumstance where a design engineer will often choose to place a painted crosswalk within aparking lot: along an ADA-compliant walking path. Section 206.2 of the ADA standards explains that some of theplaces where accessible routes are required include between accessible parking spaces and the buildings they serve,from public streets and sidewalks, and connecting multiple buildings on the same site. Because ADA-compliantaccessible routes require certain design features such as a cross slope of less than 2%, the location of theseaccessible routes should be specified for pedestrians that require them when the surrounding area might require a steeper slope due to the grading of the site for stormwater management.Crosswalks In Parking LotsA professor in college once told me that “every trip starts and ends with a pedestrian.” No matter what means oftransportation people use along the way, they generally start their trip by walking out the door, and end each trip bywalking the last few steps to their destination. There are obvious exceptions to this rule, but his point was thatpedestrian accommodations must be taken into consideration in any transportation network. Where this is especiallytrue within parking lots. In a typical commercial parking lot, each parking stall and each door into a building can beconsidered the starting point or ending point of a potential pedestrian trip. The larger the parking lot and the morebusinesses it serves, the more potential paths that pedestrians can be expected to take. Nearly all these potentialpedestrian paths will conflict with one or more potential vehicle paths. With all these pedestrian-vehicle conflictpoints, the question becomes, “where should the property owner place crosswalks?”Timothy P. Reilly, P.E., Civil Engineer Tim possesses over a decade of design experience in the fields of traffic, intelligent transportation systems(ITS), traffic control, work zone safety, roadway improvements, municipal improvements, and ADAcompliance. He can be reached via email at experts@forensicDJS.com or via phone at 215.659.2010.DJSEngineeringExpertsarchitecturalAutomotivebiomechanicalchemicalcivilDesignelectricalEnvironmentalindustrialMaterials ScienceMechanicalSafetySound / AcousticsStructuralPage 12

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The Great Water Damage MysteryCase Description: A recently constructed home began showing signsof water infiltration and damage. The plaintiff hired an architect toinspect the home in order to identify the cause(s) after the builderfailed to take adequate measures to fix the problem. The architectidentified problems with the roofing and stucco cladding.Expert Analysis: An engineer was engaged on behalf of the carpentersubcontractor to defend against allegations made that inadequatecarpenter workmanship contributed to and/or caused the stucco toleak.The plaintiff’s expert argued that the wood stud framing and exteriororiented strand board (OSB) sheathing were installed defectively andthat this allowed the stucco to crack and leak during rain events.Multiple site visits (prior to the removal of all stucco and subsequentas well) showed that although some OSB panels were installed withtightly butted joints, instead of leaving a minimal gap for expansion,these joints did not correlate to the surface cracks found on thestucco, nor with the water infiltration locations. Several extremely small areas were missing OSB sheathing too, butagain these areas did not correlate to any of the cracking found in thestucco or water leak locations.The stucco’s supporting wire mesh and felt paper waterproofingmembrane spanned these minor gaps adequately to prevent anycracking of the stucco at these locations, as well as any actual waterinfiltration too.Our inspection included wood moisture readings and bore-scopecamera inspections during the on-site inspection after the stucco hadbeen removed. Though high wood moisture readings were observed atthe water infiltration locations, none of these water leak areas werefound to have improper wood stud framing or missing OSB sheathing.The plaintiff’s expert also stated that an improper waterproofingmembrane was installed by the carpenter over the OSB sheathing, butthis too was refuted as it was installed by the stucco subcontractor –not the carpenter.Result: The plaintiff accepted a minimal settlement offer from thecarpenter subcontractor.Col. Bryan J. Smith, P.E., Construction Site Safety / OSHA Expert with DJSAssociates, Inc., can be reached via email at experts@forensicDJS.com or via phone at 215.659.2010.The Tag-A-Long SwimmerTom J. Griffiths, Ed.D., Aquatic Safety Expert, can bereached via email at experts@forensicDJS.com or via phone at 215.659.2010Case Synopsis: A grandmother, who worked as a gardener at a residential home, brought her six-year-old grandson with her towork. The home where she worked had a lovely residential pool. As was often the case, on this date she was going to take her grandson swimming after she finished her gardening chores. Theboy was a non-swimmer, but was anxious to get into the pool and repeatedly asked his grandmother when they were going toswim. In addition to the gardener and her grandson, many teenagers were in the house and around the grounds. Whilegardening, the grandmother lost track of her grandson. He somehow managed to get into the swimming pool and quickly drown. Expert Analysis: This was a very preventable tragedy. The homeowners should not have allowed the child to accompany theiremployee to work, knowing they had a swimming pool and knowing she would be distracted working. Also, if the child was to beallowed to go to the house and pool, he should have been required to wear a life jacket around the pool and a supervisor for thechild should have been assigned. Finally, the gates to the swimming pool should have been locked until the boy could have beenclosely watched in the swimming pool. Many other Layers of Protection could have also been used to avoid this tragedy. Result: Case settledPage 13

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The dimensions of passenger areas, such as trainplatforms, are a key factor in platform overcrowding, aswell as the lack of stairway capacity that causespassengers to bunch at the access point to the stairs.After disembarking from the train, passengers surgetoward the staircases and bunch around the area closestto the platform edge. This condition makes the platformincreasingly hazardous because passengers becomefrustrated as they try to exit and are faced with queuing-related delays when they want to reach the stairs andexits.The platform serves different functions during thedeparture and arrival of trains. For the arrival, theplatform must have sufficient area and vertical accessfacilities for passengers to circulate. During thedeparture, the platform serves as a storage area forpassengers waiting for a train and as a movement spacefor passengers distributing themselves along the platform.All passengers must step over the space between theplatform and the train. However, the platform area alsoserves other functions, including circulating along withthe platform; queuing at the platform edge while waitingfor the next train; transferring between trains; waitingfor the following train; queuing (stairways, escalators,and elevators), and waiting at benches and informationkiosks. The disruption of train service can, in addition,lead to unsafe overcrowding of the platform with the riskof passengers falling onto the tracks.Because of these complex, and often conflictingcharacteristics, overcrowding on the platform easilycreates potentially dangerous situations wherepassengers are crowded along the platform edge and indanger of falling onto the tracks. The station platformpresents challenges for the circulation of passengers,including the fact that linear queues for stairways mustmix with less flexible bulk queuing for boarding that mayextend laterally across the platform. In addition,disembarking passengers compete with boardingpassengers in the areas along the length of the platform,which coincides with the queuing space for the stairways.Furthermore, the platform serves the needs of loadingand unloading (sometimes two platforms at the sametime), and for the disabled, sidewalls and otherreferences are not available for location and safety.Passenger,Pedestrian, &Worker SafetyIN THE RAILROAD ENVIRONMENTCarl Berkowitz, Ph.D., P.E., AICP,Transportation & Railroad Safety Expertwith DJS Associates, Inc., can be reachedvia email at experts@forensicDJS.com orvia phone at 215.659.2010.Page 14

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H O W T OM I N I M I Z EC I V I LL I A B I L I T YR E C O M M E N D A T I O N S F O R S E L L E R S &S E R V E R S O F A L C O H O L I C B E V E R A G E SBusiness owners that hold licenses to sell or serve alcoholic beverages (licensees)must follow regulations set forth by the host state as part of the terms of theirlicenses. Failure to remain in compliance with regulations can result in fines,suspension of licensing privileges, forced divestiture, or revocation of the license.Additionally, licensees may face civil liability under their Dram Shop coverage. Twotypical events that trigger this liability are serving a patron an alcoholic beveragewhen the patron was intoxicated, and serving a patron who is not of the legal age topurchase alcohol.Culpability and liability are determined by the laws of the host state, and there aresome complexities in the differences of these statutes from state to state. However,there are actions that a licensee in any state can take to minimize their civil liability.The goal of this article is to describe three methods of mitigating the culpability, andcompanion liability that licensees face in operating their businesses.States such as New Jersey also incorporate the term, “actually intoxicated,” inaddition to being visibly intoxicated. The term “actually intoxicated” means a BloodAlcohol Concentration of .15% or greater (milligrams of alcohol per 100 milliliters ofblood). There are three key methods licensees can use to mitigate risk: Training,Review and Improve Procedures, and Monitoring.TRAINING:Training personnel who sell or serve alcoholic beverages is an important step inminimizing exposure to a lawsuit. Personnel involved in management or securityfunctions should also be considered for training because they are able to observeservers, patrons, and their associated activities. Licensees are responsible for theactions or inactions of their employees. Two of the nationally recognized courses thatconduct training related to the sale and service of alcoholic beverages areTechniques of Alcohol Management (TAM) and Techniques for InterventionProcedures (TIPS). These courses focus on:CIVIL LIABILITY:Service of an alcoholic beverage by a licensee to a patron who was determined tobe visibly intoxicated, where said patron causes property damage, injury, or death tothemselves or a third-party triggers liability to the licensee.Professional attitude and conduct of servers and sellers of alcoholic beveragesDetecting false identification and underage purchasing and possession of alcoholic beveragesIdentification and proper response to intoxicated patronsMaintaining safety, control, and good customer relations while responding to alcoholic beverage incidentsUnderstanding federal, state, and local laws relating to alcoholic beverage salesAttendees of recognized courses are exposed to various methods of identifying intoxicated patrons, evaluating a patron’s presentcondition prior to serving alcoholic beverages, continually re-evaluating their patrons for subsequent service, easing into stoppage(flagging) of alcoholic beverage service, making accommodations for an intoxicated patron, and documenting these incidents.Attendees are also exposed to methods of detecting false identification, how to effectively question a potentially underage patron,acceptable and unacceptable forms of identification, what constitutes a good-faith effort to determine a patron’s age and more.A well-trained staff is less likely to serve an underage patron or patron that is visibly or actually intoxicated.Continued on page 16...Page 15

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PROCEDURES:After training is completed, it is recommended that licenseesand their management staff review their current systems andprocedures, and determine if they are sufficient as is, or requiremodifications to meet the goals and objectives of the trainingcourse.For example, a licensee or an employee of the licensee may haveknown that they are not to serve intoxicated patrons alcoholicbeverages, but were unaware of the importance to ensure thesafety of the intoxicated patron once they have been identified,and the need to document the incident in writing.A review of procedures following training would highlight thisdeficiency in existing policy, and corrective measures can beimplemented.If there is an Employee Handbook or Standard OperatingProcedures (SOP) Manual utilized by the establishment, thelicensee or management must ensure that the content of theseguides is current, and in compliance with accepted methods andprocedures of dealing with underage and intoxicated patrons.Licensees should require written documentation that their staffhas reviewed and understands the company’s writtenprocedures or SOPs.Following training and a review and updating of procedures, thelicensee must monitor their employees.MONITORING:It is the licensee’s and management’s duty to continually monitortheir servers and support personnel to ensure that they conducttheir work as they were trained to do, and follow any revisedprocedures or policies newly enacted. Continuous monitoring isan essential follow-up component of training and revision ofpolicies and procedures.Another method of monitoring servers is the use of surreptitioussurveillance inside the licensed facility. There are firms that canbe employed to covertly monitor the activities of servers andother key personnel by posing as patrons. These monitors canremain on the licensed premises for several hours, noting thelevel of compliance with established procedures, and observingserver and management responses to incidents that occur duringthe surveillance.A licensee can also request that the firm set up scenarios to testthe effectiveness of systems designed to prevent two keyliability triggers: service to minors and service to intoxicatedpatrons. Training applicable personnel in approved methods andtechniques of dealing with intoxicated patrons andunderage patronsReviewing the policies and procedures of the organization toensure that they support approved training methods andtechniques of dealing with intoxicated patrons andunderage patrons, and revising or enacting policies andprocedures where needed to ensure that they supportapproved training methods and techniques of dealing withintoxicated patrons and underage patronsMonitoring personnel involved directly or indirectly with thesale or service of alcoholic beverages to ensure that theyare in compliance with the organization's policies andproceduresFor example, two “undercover” agents are sent, and one ofthem drinks (or pretends) to drink themselves to a level ofintoxication. In this scenario, the agents observe the actionstaken by the staff present so they can be further evaluatedafter the surveillance. These firms also send younger-lookingagents who then attempt to purchase beverage alcohol withoutproper identification. This scenario tests the systemsimplemented by the licensee to detect improper identificationand prevent sales to minors.CONCLUSION:Civil liability is a serious business risk for owners of businessesthat sell or serve alcoholic beverages. Two key risk factors areserving alcohol to minors and serving intoxicated patrons. Thisarticle describes three important actions that licensees can taketo minimize these risks.By following the above-described actions, a licensee of anestablishment serving or selling alcoholic beverages has taken apositive step in reducing their civil liability.REFERENCES:Centers for Disease Control and Prevention. Alcohol and Public Health: Alcohol-Related Disease Impact (ARDI). Available at http://www.cdc.gov/Alcohol/National Highway Traffic Safety Administration. 2013 motor vehicle crashes: Overview. Available at http://www-nrd.nhtsa.dot.gov/Pubs/812101.pdfDonald J. Simonini, Dram Shop & Police Procedures Expert with DJS Associates, Inc., can be reached via email at experts@forensicDJS.com or via phone at 215.659.2010.Page 16

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Justin P. Schorr, Ph.D., President, Principal Collision Reconstruction Engineer with DJS Associates, Inc.,can be reached via email at experts@forensicDJS.com or via phone at 215-659-2010.As the calendar turns over and we round the corner of threeyears since the original And Just Like That moment (anyoneknow a good copyright lawyer – seems like Sex and the Citystole their plot line from the old man) the shock and awe haslong since subsided and, maybe more than ever, we have allbeen forced to deal with the new reality on reality’s terms.Going back to a hockey analogy – 2020 and 2021 have feltlike one of those 6 AM games in an outdoor rink the middle ofJanuary when even the heated locker room is an ice box and Iwould sit there curled up in my coat, my equipment on thefloor in front of me, wishing for someone to come and dressme for the game. Begrudgingly I’d open my bag and start toget dressed only to be met with one of the true "pleasures" inlife – damp, sweat-frozen hockey equipment that seemed tomake you colder with each item you’d put on. After a half-hearted warmup, where stealing pucks from the other teamwas more important than getting ready to play (somethingdad condoned and encouraged – a story for another day), ourteam would huddle by the bench for our quick pre-gamespeech from our coach. After counting the pucks to make surewe were solidly in the black, dad would remind us of oneimportant fact – the fastest way to warm-up is to skate hard –so keep your feet moving!In addition to being repetitive, my father was also veryconsistent in his philosophies (except when it came to therules of Judaism which seemed to always support what hewanted to eat or do – again, another story for another day)and he applied them to most aspects of life. At DJS, dad wasalways hustling, always grinding in the corners, and alwayskeeping his feet moving to ensure our future success. Stayinga step ahead in technology was paramount and this forward-thinking attitude has positioned us a “cut above” the rest. I used to rag on my dad for being so repetitive. He would get amovie quote or a saying in his mind and repeat it, ad nauseum,in every conversation. And I mean every conversation, nomatter the topic, he’d find a way to work it in there whether itfully made sense or not. Amusingly, I have found that his most“famous” sayings do not pop into my head one after another –rather, one at a time they settle on my mind and repeat in myhead over, and over again. Recently the mantra that seemsstuck – maybe for a reason – is his favorite line from his role asmy hockey coach – keep your feet moving!Our team has stitched together a national network ofdata documentation teams so we can bring our SteveSchorr brand of reconstruction to any city in any state.Our team grew in size including two young, hungryengineers and several, hard-working new faces tobolster our support team. Our team outgrew our office space and we startedconstruction on a healthy addition to our office building.Still, no one – not even dad – could have predicted how thepast two years have unfolded. At times, keeping my feetmoving, has felt more and more like those times in the lockerroom when I was cold, tired, and playing a hockey gamewas the last thing anyone wanted to do. As gloomy as the picture has been, and as much I dreadedthe moment when my frozen shin pads would first touch myskin, the puck was still going to drop and when it did – dadhad taught me what to do…. Keep my feet moving! At DJS2020 and 2021 will forever be marked as the years when,despite the world being closed around us, our team keptmoving and after a solid 2020, this past year has beennotable for several exciting reasons: Moving forward, I am reminded of another one of dad’sfavorite sayings – the score is zero – zero. It did not matter ifwe were winning 10 – 0 in the second period, the score wasalways zero – zero and the next shift was always your mostimportant. It was that attitude that always drove dad towork harder, and it continues to inspire the culture here atDJS. 2022 will be a year where DJS expands its geographicreach while, at the same time, we rededicate ourselves toour clients. We will expand and improve upon the serviceswe offer, including data acquisition from almost anyelectronic device, cutting-edge virtual reality exhibits, andan ever-improving ability to transform grainy surveillancevideos into objective, physics-based illustrations of exactlyhow an event unfolded. Mainly, we will continue to provideour clients with the quality of services they have come toexpect and one which is consistent with the depth ofappreciation we feel as you are the ones who keep us in thegame. Keep calling our number and we’ll keep showing up –feet moving and ready to hustle! Here’s to working togetheras colleagues, and as humans, towards a better tomorrow! 2022 State of the UnionJustin P. Schorr, Ph.D., President, Principal Collision Reconstruction EngineerPage 17

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