Omnia Forensis Ingenariae 
"All Things Forensic Engineering"

News and Views for the Forensic Engineer and Their Legal/Insurance Clients

Richard A. Rice, PE - Editor                                                   Edition I - August 2016

Editor's Thoughts
Thank you for your time.

Forensic Engineering has been my occupation, my passion, for over 20+ years.  To hone my craft, I constantly research the decisions/policies of state professional engineering boards, local, state, and federal court decisions, and applicable codes and standards.  The purpose of Omnia Forensis Ingenariae (OFI) is to bring to you, in one location, the fruits of my research.  It's that simple.  I will scour the Internet and other sources for news and updates on Daubert v. Frye, Daubert challenges, expert witness law, and stories and consequences from recent forensic engineering testimony.  In addition,  guest writers from various engineering disciplines, plaintiff and defense lawyers, and legal marketing will provide their incites into the practice of Forensic Engineering. 

It is the duty of every Forensic Engineer to be advocates for the truth.  Please let OFI help you, (1) be that kind of advocate, and (2) retain that kind of advocate.

If you have not already done so, please click on "Join the Mailing List" to receive the monthly newsletter and timely updates.  If you feel you have received this email by mistake, please see the bottom where you can remove yourself from the list. 

Again, thank you.  If you have suggestions for OFI, please email me any time. 


Richard A. Rice, PE
Professional Engineers Day - August 3, 2016
Wednesday, August 3rd is National Professional Engineers Day.  Go find a PE and give them (with permission) a hug and a kiss for the engineered systems you use everyday that do not burn, blowup,  crumble, collapse or smell funny.  Your welcome.  ;-)
In the News...
Who Pays the Expert Witness Bill?
It is customary for defendants in criminal cases to hire and pay for their own expert witnesses.  One jurisdiction is not only paying to prosecute, but also to pay the expert witness fees for the defendant.  I believe I would ask for a retainer.  Click Here

Daubert v. Frye in Minnesota
There is much in the news these days regarding whether judges should use Daubert or Frye with regards to expert witness testimony.  Here is the latest from Minnesota.  Click Here

Expert Witnesses at Mediation...To Bring, or not to Bring - That is the Question.
While I have attended testimony at numerous depositions and trials, it is rare for me to attend mediations and arbitrations.  However, one attorney believes expert witnesses should attend.  Click Here

Latest on Bicycle/Pedestrian Bridge Collapse in South Africa

More Daubert Controversy in Florida and Missouri

Expert Witness: Claims So Well-Established They're
"Un-Daubert-Able."  Really?
A great article about the possibility of opinions that cannot be challenged.

H igh Speed Crash Turned Murder Case
From my point of view, this is an interesting article on choosing the right expert for your case.  The defendant is on trial for murder.  However, he has chosen a automobile mechanic to be his expert witness as to whether or not the speedometer was working properly.  While not exactly an "out of work hairdresser," one has to wonder if the mechanic was the right kind of expert.   Click Here.

Guest Writer - Michael D. Leshner, P.E.
Finding the Right Engineering or Technical Expert

For attorneys, your choice of an expert for your highly technical case could mean the difference between winning or losing.  For insurance professionals, your choice of an expert could mean the difference between  knowing the cause of a loss now when things are less expensive, or twelve months from now when the claim is in the multi-millions.

Michael. D. Leshner, P.E. is a  mechanical engineer with a vast knowledge on a variety of mechanical engineering issues.  Since 1982, his work as a Forensic Engineer has been sought after by legal and insurance professionals throughout the United States. Having dealt with numerous adverse experts over the years, Mr. Leshner provides an insight to those looking for the right expert.  While originally published in 2015, this article continues to guide those seeking the most appropriate expert.  

For Part I, Click Here .

For Part II, Click Here.

Michael D. Leshner, P.E. is a Fellow and Board Certified Forensic Engineer with the National Academy of Forensic Engineers (NAFE)  He is currently the NAFE 2016 President-elect.

On a more personal note, I would like to thank my friend Mike Leshner for allowing me to publish his article.  Mike and I have known each other for many years.  I have come to know him as a wise, calming presence.  Again, thank you.

To contact Mr. Leshner:
Office:  410-964-0311

Did you know...?
There is Texas state law that allows Forensic Engineers not licensed in Texas to provide forensic engineering services in Texas.  To read the complete policy page published in 2006, please Click Here.
Engineering Expert Referrals- NO CHARGE!!!
I have had the privilege to work with many great forensic experts in the United States, Asia and Europe in the fields of Accident Reconstruction, Electrical Failures, Mechanical Failures just to name a few disciplines. Please allow me to refer to you a court tested expert for your next insurance claim or legal matter.  There is no charge to you.  I do not get a finders fee from anyone.  This is my way of helping you.  Plus, I can help my Forensic Engineering colleagues.  Please email me or call 404.395.7441. 

Note:  I make no warranties, expressed or implied, to the suitability of any expert referred to you.  Do your homework to make sure you have the right expert.  
...about the Editor

Richard A. Rice, PE is President and Forensic Engineer for Mutual Engineering, Inc. - MEI.  For 30+ years, Mr. Rice has provided engineering services to both governmental and private entities in the United States and Mexico.  Mr. Rice frequently provides engineering, subrogation/consulting and expert witness services to the legal, insurance and construction industries on a variety of civil and structural engineering matters such as roadway design and construction, building inspection and code compliance, building/foundation collapse, construction site incidents, and other property loss subjects.  Mr. Rice is a licensed professional engineer in several states, and a Fellow and Board Certified Diplomate of the National Academy of Forensic Engineers (NAFE).

Mr. Rice has written a novel and numerous technical articles published in professional journals for NAFE, the National Association of Subrogation Professionals (NASP), and the Georgia Defense Lawyer Association (GDLA).  Please call/email Mr. Rice or visit his company's webpage:

Richard A. Rice, PE - Civil/Structural Engineer
Mutual Engineering, Inc. - MEI
(Office):  770.210.6644
(Mobile):  404.395.7441
     Thank you!!!