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Outdoor Recreation Expert Witness

Keywords

Outdoor recreation, first aid, human powered recreation, youth camps, recreation, Canoeing, Mountaineering, Paddlesports, Rafting, River rafting, Rock climbing, Ropes course, Skiing, Snowboarding, summer Camp, Telemark ski, Wilderness first aid, Youth Camp

Colorado

Expert Witness No.2786

Colorado

Professional History

November 1985 – Present:

Private practice specializing in business law and litigation:  Represented clients in business law, contracts, business formation, real estate, landlord/tenant, and estate planning. Experienced trial attorney,from traffic to complex commercial litigation. Clients range from individuals to large corporations, located throughout Colorado and the United States. Worked with start-up companies and represented several high-risk recreational businesses, providing them with advice and research to prevent litigation. Worked for and have developed legal defense programs for several insurance companies.

Specialization in outdoor recreation law: Represented a wide variety of outdoor industry trade associations, organizations and companies including manufacturers and universities. Developed a national reputation for outdoor recreation litigation, contracts and defense programs. Trial assets are ability to communicate and relate to the jury and to cross-examine witness.

Small Business Risk Management Seminars: Conducted two- and three-day risk management seminars for outdoor recreation businesses. Seminars provide the participant with hands-on training in how to detect risks and handle problems when they occur to prevent litigation.

May 2004 – Present

Editor of an Outdoor Recreation & Fitness Law periodical. This is an online publication informing lawyers and business of changes in the law of outdoor recreation, fitness and outdoor education.

August 2002 – Present

Instructor Ski Area Operations, Risk Management. Colorado Mountain College, Leadville, CO. Author of an on line curriculum. Colorado Mountain College, Leadville, CO. Author of a Ski Area Operations, Risk Management on line course

February 2001 – Present

Consultant Risk Management and Disaster Planning. Work with business to identify source of lawsuits and eliminate those sources. Consult on all forms of litigation, risk management, disaster planning.

August 2006 – December 2006

Developer the Parks Recreation and Tourism Program, University of Utah, PRT Risk Management Insurance & Law

January 2005 – August 2006

Park’s College (Everest) Adjunct Instructor in the paralegal program, teaching Contracts, Real Property, Estates, Administrative and Probate law.

February 2001 – August 2002

Risk Manager, Copper Mountain Resort Claims Management, Worker’s Compensation, and Training program. Reduced General Liability Claims costs from the three-year average Ninety (90%) percent. Received thank you notes from injured guests and family members of fatalities. Eliminated all lawsuits by injured guests. Converted Risk Management into a customer service department. Empowered Ski Patrol and Guest Service employees to solve problems to reduce claims. Reduced Worker’s Compensation costs by 67% and reduced claims by 20%. Wrote the weekly newsletter for Intrawest (Parent Corporation) for risk management personnel.

1999 – 2001

Publisher, Outdoor Recreation Newsletter:  Created and publish a monthly electronic newsletter exploring various aspects of risk management, liability, and legal issues affecting the outdoor recreation, travel and hospitality industry.

1984 -- 1985:

Attorney, Nationwide Financial Services, Mutual Fund Co. Developed and managed the training 3,000 agents in securities, tax law, and sales. Developed a multi-media training program explaining IRS and SEC regulations on the sale of securities. This three day seminar was culminated a two-year series of training programs tying the entire program together. Developed marketing and advertising plans for agent promotions. Coordinated sales, marketing, and legal functions with other departments within the company. Also coordinated mutual fund programs with other companies within Nationwide.

1983-1984:

Attorney, Nationwide Life Insurance Co. Wrote pension plans and trained agents and stockbrokers in pension law. Provided in-house and on-site sales support for mutual funds, tax-sheltered annuities, life insurance products, and other financial instruments. Assisted in the development of “BEST of AMERICA,” the first tax sheltered annuity to wrap public mutual funds. Trained the brokerage community in the sales of tax-sheltered annuities of Nationwide Life Insurance Company.

1983-1985: 

Rock climbing instructor and Money Management Instructor, Ohio State University Creative Arts Program. Taught 2,000 students rock climbing skills. Courses ranged from a 10-week experience, to a one-day program for youth groups. Developed a new teaching technique for rock climbing teaching 25 students to climb at one time.

The Money Management program was directed at professional students entering the work force for the first time. The class concentrated on investments, but started with checking accounts and ended with retirement.

1980- 1982:

Law Clerk, Sebastian and Marsh, commercial litigation firm.
Mediator, Columbus City Attorneys office, night prosecutor’s program. Mediated disputes between citizens of Columbus, OH. The program was instituted to relieve the courts and police of handling domestic and non-arrest incidents and to provide a forum of civilian disputes.

1978 - 1980:

Nationwide Insurance - Self employed multi line insurance agent. Held SEC series 6, life/health and property/casualty insurance license

1977 -- 1978:

Boy Scouts of America District Executive. Responsible for year-round program, adult and youth leader training, fund raising, and recruitment of youth and adults. Developed youth programs in character building, leadership and outdoor recreation. Provided training to adults working with youth and outdoor skills to youth.

Education

August 1980 -- December 1982: J.D., Capital University Law

1972 -- 1977: B.S., Ohio State University

Post College Education and Development

National Executive Institute (BSA)

National Camping School (BSA)

National Exploring Law Enforcement Conference (BSA)

Exploring Leader Training (BSA)
Scoutmaster Leader Training

Emergency Medical Technician

Mandatory Colorado Continuing Legal Education Classes

Trial Experience

Developed a national expertise as a consultant and trial attorney specializing in recreational risk issues, encompassing several areas with primary emphases on litigation prevention. Litigated and consulted on a broad scope of issues including risk management as it relates to recreation and outdoor education, risk management and program exposure evaluation, equipment and product liability and insurance issues.

Currently represent a large segment of the whitewater rafting insurance industry, scuba insurance industry, canoe livery and outdoor recreation industry. Consulted on or successfully litigated rafting, backpacking, kayaking, snowmobiling, ropes course and rock climbing cases.

Outdoor Recreation Law

Currently or previously represented the following non-profit organizations:

American Mountain Guides Association (AMGA)

Arkansas River Outfitters Association (AROA)

Association for Outdoor Recreation and Education (AORE)

Climbing Gym Association (CGA)

Climbing Wall Manufacture’s Association (CWMA)

Colorado River Outfitters Association (CROA)

Four Corners School of Outdoor Education

National Association of Canoe Liveries and Outfitters (NACLO)

National Association of RV Parks and Campgrounds (ARVC)

Outdoor Industry Women’s Council (OIWC)

Outdoor Recreation Coalition of America (ORCA)

Professional Paddlesports Association (PPA)

Western River Guides Association (WRGA)
Wilderness Education Association (WEA)

Wilderness Medical Society (WMS)

Currently or previously represented the following organizations:

Albany Insurance Company

Colorado Whitewater Expeditions

ICS Books

International Mountain Guides

Jack’s Plastic Welding

Mountain Hardware

Mountainsmith

National Association of RV Parks & Campgrounds

Noah’s Ark Adventure Company

OARS

Sierra Designs

St. Elias Alpine Guides

US Navy, Morale, Welfare & Recreation Div.

Wildwasser Sports (Prijon)

World Wide Outfitters & Guides Association (Risk Retention Group)

Expert Witness

Expert witness in outdoor recreation, commercial guiding, and recreation education cases

Publications – Books and Newsletters

Available upon Request

Videos and Films

Available upon Request

Consultations for Publications:

Quoted in or consulted by the following newspapers and magazines concerning risk management or outdoor recreation:

Anchorage Daily News, Anchorage, Alaska

Meetings & Conventions, Letters to the Editor

Outdoor Network, Boulder, Colorado

Outdoor Retailer, California

Outside Business, Chicago, Illinois

Rock & Ice, Letters to the Editor

Rocky Mountain News, Denver, Colorado

Wall Street Journal, New York, New York
Boston Globe, Boston, Massachusetts

Outdoor Hospitality Magazine

Bicycle Retailer and Industry News

Camp Business, Letters to the Editor

Teaching and Education Experience

Prescott College, Prescott, Arizona, Risk Management for Recreation Programs. Case Studies of Outdoor Recreation Accidents and Responses, April 1992

Community College of Aurora, Business Law, April -- May 1992, Substitute Instructor

Oregon State University, Outdoor Recreation Liability, 1993

Cornell University, Outdoor Recreation Liability, 1994

University of Utah, Outdoor Recreation Liability, 1996

Colorado State University, Adjunct Professor, Human Resources, Ph.D. program 1993-97

Pike’s Peak Community College, Adjunct Professor, Risk Management and Insurance Law, 1998
University of Idaho, Outdoor Recreation Liability, 2001

Continuing Legal Education in Colorado, Sports Law, Product Liability of Outdoor Recreation Equipment, May 5, 1995.

Colorado Mountain College, Leadville, CO Risk Management, Ski Area Operations. Live Class (Fall 2002 to Present) and Online Class (2004 to Present)

University of Utah, Salt Lake City, UT, Outdoor Recreation, Risk Management, Insurance and Law, Spring 2006 (online)

Professional Volunteer Activities

Boy Scouts of America, Denver Area Council, Exploring Officers Association Advisor, Council Exploring Program Chair, Council Exploring Committee, Council Activities Committee and the Exploring Ski Day Chair.

Trade Associations of Paddlesports: Member of the Board of Directors

Safety Committee Union Internationale des Association d’Alpinisme (International Mountaineering and Climbing Federation)

Member American Society of Testing & Materials

Licenses and Certifications

Licensed to practice law in Ohio, Colorado, Colorado Federal District Court and the Tenth Circuit Court of Appeals

Certified alpine ski binding technician for several binding manufactures

Memberships & Professional Affiliations:

Adventure Sports Lawyer’s Group

State and Local Bar Associations.

Venturing District Committee of the Boy Scouts of America

Trade Association of Paddlesports

American Alpine Club

National Recreation & Parks Association

Sports & Recreation Law Association

Honors

Ambassador, National Summit on Outdoor Recreation, 1994, Washington, D.C.

Lifetime Vigil Honor Member, Muskingum Valley Council, BSA

Certificates of Appreciation, Denver Area Council, BSA

District Award of Merit, Boy Scouts of America, Denver Area Council, Exploring Division

Editorial Board, ICS Books

Advisory Board, Recreation and Guide Program, Pike’s Peak Community College

Judge: Moab Confluence Writing Festival

Editorial Review Board, Globe Pequot Press, Falcon Publishing

Board of Directors, Trade Association of Paddlesports


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