Longshore Safety Stevedoring Expert Witness

Provides Opinion & Testimony In:

Longshoring, Stevedoring, USL&H Claims, Cargo Damage, Material Handling Equipment, Gantry Cranes, Cranes, Marine Terminal processes procedures, shipping containers, trucking, project cargo, heavy lifts, rigging, Marine Safety, Marine Construction, bulk heading, pile driving, bridge painting, fall protection, cargo securing, Refrigerated cargo, fruit handling, frozen cargo, consolidated freight station, lifting gear, injury investigation, OSHA Citation Review, lashing gear, marine rail interface, dredging, marine fire safety, warehouse fire safety, supervisor safety training, loss control investigation training, safety program development, United States Longshoremans & Harbor Works Act, Cargo Damage, Vessel Damage, Trucking, Container Stuffing Stripping, Rigging, Cargo Handling Equipment, Fork Lift Truck, Yard Tractor, Lashing, Stability, Lashing Equipment, Stevedoring Best Practices, Warehousing, bargesRefrigerated, Oversized, Intermodal, Marine Construction, Straddle Carrier, Maritime Accident, Marine Terminal Accident, Raw Materials, Marine Repairs, Salvage, Terminal Security, Seaworthy, Hearing Loss, USL&H, Cruise Ship Material Loading, barges, lifting rigging

Skills

  • Stevedoring Port Captain
  • Marine Terminal Operations
  • Railyard Operations
  • Marine, Air, and Ground Cargo Surveying
  • Vessel, Aircraft, and Truck Loading and Discharging Surveys
  • Transportation Industry Safety Surveys
  • Accident Investigation to Causation and Correction
  • Expert Witness in Transportation Workers Compensation and Marine Terminal Operations
  • Small Boat Surveys
  • Territory covered is from New Haven, CT to Baltimore, MD. Further on Special Request.
  • TWIC registered

Education

SUNY Maritime College (Ft. Schuyler), Bronx, NYC, NY
8/72 to 6/76
Graduated with a BS in Marine Transportation, Third Mates License (unlimited tonnage), USNR Commission
Dean’s List, Admiral’s List for academic achievement

Work Experience

  • 7/76 to 11/77 Sailing officer in the merchant fleet. Concurrent USNR service.
    Duties included responsibility for navigation of ships and tugs up to 650 ft. long during watch rotations. In port responsible for the safe loading and discharge of cargos of all types and descriptions.
  • 1/78 to 6/78 Traveling Super Cargo (ship manager) for Trans Freight Lines and Star Lines. Concurrent USNR service.
    Duties include responsibility for safe and efficient loading and discharge of container/general cargo vessels in Port Elizabeth NJ, Baltimore MD, and Norfolk VA.
  • 6/78 to 6/96 Numerous positions up to Marine Manager for Maher Terminals in Port Newark/Elizabeth, Jersey City, and at times Baltimore MD. I supervised up to 550 longshoremen performing ship work and related support activities. During this period I regularly received acknowledgement for the best vessel productivity while at the same time safest operation in the Port of NY. Concurrent USNR service until 6/86.
  • 6/96 to 6/2001 Numerous simultaneous management positions at Howland Hook Marine Terminal, Staten Island, NYC including Safety Manager, Marine Manager, Warehouse Manager, Military Liaison, and eventually Loss Control Director. I was part of the team that reopened the terminal after it being idle for 15 years. On several occasions received the port award for the lowest accident frequency of any company with less than 1,000,000 man hours.
  • 7/01-present Founded Longshore Safety Consultants LLC as a vehicle to conduct private safety and operations consulting, and transportation surveys of all types.
  • 6/03-4/06 Employed as a Senior Safety Consultant for AIG Division 13 (Longshore and Middle Market) concurrently with Longshore Safety Consultants. At AIG carried a loss control book of business of $35 million dollars stretching from VA to ME and out to western PA. AIG would send me to major seaports such as Seattle and Miami to handle difficult USL&H situations. I conducted the break-in training for new loss control consultants coming onto the rolls in the Northeast.
  • 4/06 Resigned AIG to devote full time to Longshore Safety Consulting. Since making this move, I have done work for Travelers, New York Waterways, The Hartford, Everest Insurance, ProSight Insurance, Delaware River Stevedores, Capacity Insurance Group, American National Insurance, Vero Insurance, SeaBright Insurance, National Risk Control, and Applied Risk Management, EXL Services, Epic, Regional Reporting, plus numerous private firms.

Skills

  • My methods of making safety improvements that cost little or no money while maintaining or even increasing productivity have served very well in this economy.
  • Part of the team that lowered Maher Terminals self-insured annual cost from $13.5 million to $4 Million.
  • Wrote the safety programs for Howland Hook and Federal Marine Terminals from scratch and achieved safety awards in the process.
  • I was the carrier loss control consultant to Metro Machine, a large government contractor in Norfolk and Philadelphia the year they had the lowest losses in company history.
  • Caught an unsafe condition on a NJ construction site that could easily have caused the electrocution of two or more employees.
  • I was part of the planning that allowed NY Waterways Ferries to make the dramatic rescue of the downed US Airways jet in the North River (Hudson).
  • Provided expert testimony in USL&H cases that resulted in alterations of case law.
  • I am very details orientated which allows me to spot problems from some distance away as well as reduce loss potentials as part of my daily job function.
  • Comfortable speaking to large groups from upper management to rank and file employees. I can provide tool box safety meetings as needed.
  • Excellent accident investigator
  • 48 years volunteer EMS and firefighting
  • Windows
  • DuPont Safety Training

Material and Expert Witness Work

As working Stevedore Superintendent and Marine Manager in containers, ro-ro, and general cargo
1977 to 9/2002 numerous depositions as directed for Prudential/ Grace Line (vessel collision), Maher Terminals, and Howland Hook Marine Terminal in cargo damage, vessel damage, and third party injury cases.

Appeared as witness for the terminals as required before ALJs in USL&H Workers Compensation matters.
Heard before Administrative Law Judges, Federal District Two, 5 WTC, NY, NY

Freehill, Hogan & Mahar NJ, NY, MA
Claim investigations, depositions, and testimony in a dozen USL&H cases, Heard before Administrative Law Judges, Federal District Two, 5 WTC, NY, NY

Hatch boss vs. Gear Bulk Line Third Party Suit
Investigation work and opinion only, (action never filed) (for Gear Bulk)

Longshoreman vs. COSCO (favorable settlement) (for Defense)

Kehoe vs. OOCL (settled)
United States District Court for the District of Boston (for Defense)

Field, Womack, & Kawzinski NY & NJ
Dozens of Longshore Act claims investigations, depositions, and testimony dealing with hearing loss and COPD. (for the employer)
Heard before Administrative Law Judges, Federal District Two, 5 WTC, NYC, and in New Jersey.
Cases resulted in changes in case law in Federal District Two.

Palmer, Biezup, & Henderson PA
Wizniewski vs. Del Monte-Third Party Vessel Lawsuit (settled) (for plaintiff)
United States District Court for the District of New Jersey
Civil Action Matter

Geraghty Law Firm NJ

Electrical Contractor vs. Howland Hook Third Party (dropped) (for Howland Hook)
(as a fact witness for the defense)

Gadaletta vs. NOL Third Party Stevedore (settled out of court) (for NOL)
(as a fact witness for the defense)

Truck Driver vs. E-Rail Intermodal Facility (settled out of court) (for E-Rail)
(as an advisor for the defense at an accident site visit)

Blume, Goldfaden, Berkowitz, Donnelly, Fried, & Forte NJ
Campbell vs. Source4Value Warehouse (favorable settlement) (for the plaintiff)
Superior Court of New Jersey Law Division: Morris County

Ken Elwood, ESQ. NJ
Estate of Jamie Nevis, Longshoreman vs. Sealand/Maersk (favorable settlement)
United States District Court of New Jersey (for the defense)

Eustis, O’Keefe, & Gleason LA & MO
Anic vs. Empire Stevedoring Third Party Lawsuit (settled) (for the plaintiff)
United States District Court for the Eastern District of Louisiana

Levin, Fishbein, Sedran & Berman PA
Carlos Assumption (RCCL) vs. AJT Trucking, Stevedore, Terminal (favorable settlement)
United States District Court for the District of Pennsylvania (for the plaintiff)
Civil Action

Marshall, Dennehey, Warner, Coleman, and Goggin NY
Outside Contractor vs. New York Container Terminal (dormant) (for the defense)

Subrogation
Delaware River Stevedores/Chubb Insurance vs. Port of Wilmington, Diamond State Port Corporation for the insurer in the matter of gantry crane repair. (for DRS/Chubb)

Houck Anderson Miami
M/V Madeline vs. Trinity Shipping (successfully dropped) (for the defense)
United States District Court for the Southern District of Ft. Lauderdale

Perry and Neblett Miami
Albert vs. Eller Maritime Tampa (settled) (for the defense)
Longshoreman vs. Bernuth Line et al Miami In the Circuit Court of the 13th Judicial Circuit
In and For Hillsborough County, Florida

O’Brien Law Firm-Hanover Insurance Seattle
Estate of J. Alesio vs. Fantuzzi (case dropped) (for the defense)
United States District Court for the Western District of Washington at Seattle

Chasan, Leyner. & Lamperello, Esqs. New Jersey
Veal vs. Port Newark Container Terminal (favorable settlement)
Superior Court of New Jersey (for the plaintiff)
Law Division: Essex County

Laffey, Bucci, and Kent Philadelphia
Tomasulo vs. Ceres Terminals, NYSA, Cape Liberty Cruise Port (favorable settlement)
Superior Court of New Jersey (for the plaintiff)
Middlesex County – Law Division

Susan M. Judas Jacksonville
Horizon Liner vs. Horizon Line of PR (settled)
United States District Court for Puerto Rico (for the plaintiff)

Yeskoo Hogan & Tamlyn, LLP New Jersey
Bidux vs. Coastal Container (favorable settlement)
Superior Court of the State of New Jersey (for the defense)
County of Essex

Chaffe McCall, L.L.P. Houston
Manual Ascencion vs. APM Terminals North America (favorable settlement)
State of Texas (for the plaintiff)
155th Judicial District

Law offices of Manual F. Valdes Miami
Jose Castillo vs. Bernuth Agencies (favorable settlement)
United States District Court in the Southern District of Florida
In Admiralty (for the plaintiff)

Ramon Serrano vs. Bernuth Agencies (favorable settlement) (for the plaintiff)
United States District Court in the Southern District of Florida
In Admiralty (for Serrano)

Flavio Jimenez vs. Bernuth Agencies (open)
11th Circuit Court in and for Miami-Dade County Florida (for the plaintiff)

Lindsay, Rappaport & Postel, LLC Chicago (favorable settlement)
Harrison vs. Norfolk Southern (for the defense)
Circuit Court of Cook County, Illinois

Cassidy & Black, P.A. Miami (settled)
Farconelly Clark vs. POMTOC (for the plaintiff)
United States District Court in the Southern District of Florida

Brill, Rinaldi, Garcia Miami (favorable settlement)
Sheila Miller-Marshall vs. SeaBoard (for the plaintiff)
In the circuit court of the 11th judicial circuit in and for Miami-Dade County Florida – General Jurisdiction Division
Preller Law Firm Baltimore (settled)
Jordan Armstrong vs. National Shipping Company of Saudi Arabia (for the plaintiff)
In the United States District Court for the District of Maryland
Northern Division

Bruce W. Gates Bayonne NJ (favorable settlement)
Peter Fiadini vs. Ports America, et al (for the plaintiff)
Superior Court of New Jersey
Hudson County
Law Division

Arnold, Sever and Gay PA Baltimore (went to jury-won)
Price vs. MOS Shipping (for the plaintiff)
In the United States District Court for the District of Maryland.

Montgomery McCracken Walker & Rhoads LLP Philadelphia (open)
Thomas Rebak vs. Toko Kaiun Kaisha Ltd. (for the defense)
United States District Court for the District of Pennsylvania (Eastern Division)

Laffey, Bucci, and Kent Philadelphia (summary judgement against)
Sheehan vs. M/V Swan Cahaba (for the plaintiff)
United States District Court for the District of New Jersey

Blank Rome Philadelphia (dismissed) (for the defense)
Stephen Duczkowski, vs. Norddeutche Reederei H. Schuldt GMBH & Co., KG
United States District Court for the Eastern District of Pennsylvania

Florin Roebig Tampa (summary judgement against) (for the plaintiff)
Antoinette Dixon as Personal Representative of the Estate Robert L. Dixon
vs. NYK REEFERS LTD., COOL CARRIERS AB, and NYK COOL AB
United States District Court Middle District of Florida

Belluck Fox New Jersey (settled)
Hart Estate vs. Hamburg Sud, Global Terminals, Trucker (for the plaintiff)
United States District Court for the District of New Jersey

Brill and Rinaldi Miami (open)
Chiu vs. vs. SC Line S.A. and Natureza Maritima S.A. (for the plaintiff)
United States District Court Southern District of Florida

Gonzalez Paez, Julian v. Spyros Marine LLC (for the plaintiff)
Circuit Court, 17th Judicial Circuit, in and for Broward County Florida

Rodney Patton vs. Deltrans & York Heating and Air Cond. (open) (for the plaintiff)
Eleventh Circuit in Dade County FL

Gordon and Rees LLP Houston (case dropped)
Pirzada vs ILA local 28 (for the defense)
In the District Court of Harris County Texas

Preston Easley, Esq. (San Pedro, CA) (settled)
Michael Mendez vs Chipolbrok Star Maritime (for the plaintiff)
United States District Court Southern District of California

Epenesa vs. Hoegh Autoliners (open)
United States District Court Southern District of California (for the plaintiff)

Robert Roque, Jr. vs. APL Marine Services (settled)
Superior Court State of California for Los Angeles County-Central District (for the plaintiff)

Pajcic & Pajcic Law Firm Jacksonville, FL (open)
Jacksonville Firefighters vs. Hoegh Xiamen (for the plaintiff)

Friedman, James & Bushbaum New York, NY (open)
Oglesby vs. Krystal Naviera S.A. et al (for the plaintiff)
United States District Court, District of NJ

 

 

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