Tree Arboricultural Injury Trespass Expert Witness

Career Experience

Owner
January 2010– Consulting, Franklin, TN
I am now a full-time arboricultural consultant. I perform assignments throughout North America.

CEO
April 2005–2011 Happy Tree, Inc., Franklin, TN
Company founder. Green Industry landscape contracting company featuring landscape design, installation, and maintenance. I also performed tree work and land management services including land use assessments, tree inventories, and arboricultural consulting. I grew the company from $0 to $550,000 in sales and production. This was accomplished with an original investment of only $75,000.

President
April 1996–November 2004 TIPCO, Inc., Knoxville, TN
Before I took over in 1996, this company struggled to achieve $90,000 gross after 20 years of existence. In just 7 years, I created new missions, strategies, and tactics to reinvent the company and place it on a track for growth and profit. I was responsible for all company activities, including administrative, financial, marketing, sales, production, and staffing. As of October 2004, the company is projected to have sales in excess of $1.3 million and profits of over
$60,000. The company continues to out-perform similar companies within the industry.

Tree and Shrub Manager
January 1993–April 1996 Barefoot Grass Lawn Service, Knoxville, TN
I successfully spearheaded a new Tree & Shrub Care division in the Knoxville market. I was responsible for sales, administration, customer service, and production. After 3 years, the division had a gross annual revenue projection of over $200,000 with a net profit of $60,000. This new division had the highest performance rating of any new division in the history of Barefoot Grass Lawn Service, nationally.

Areas of Arboricultural Consulting Expertise

• Tree Appraisals
• Tree Failure Reconstructions
• Expert Witness and Litigation
• Forensic Investigations
• Tree Safety Policy
• Tree Management
• Land Assessments and Surveys
• Diagnosis and Management of Tree/Landscape Problems
• Municipal Ordinance Development
• Training and Education
• Golf Courses Tree Management
• Nursery Production and Management
• Tree Inventories
• Plant Health Care Programs
• Contract Preparation and Supervision
• Tree Protection and Analysis
• Tree Education and Training Programming

Registered Consulting Arborist (RCA), member of ASCA, company founder/CEO; authored articles; conducted seminars throughout the country; worked with thousands of arborists; served many years on the Urban Forestry Council; consulted with municipalities, utility companies, extension services, country clubs, colleges.

Arboricultural Consulting Experience in the Past Three Years
High value tort, personal injury, civil trespass, and criminal trespass cases; formal report preparation, forensic investigations, tree appraisals, tree health assessments, laboratory diagnostic analysis, site evaluations, area canopy evaluations, tree hazard evaluations, tree risk assessments, tree inventories, municipal contract preparation/supervision, forensic investigations, litigation, municipal ordinances development, property management tree hazard policy development, tree management recommendations, specification development, site inspections, landscape design, contract installation, utility contract review, safety review, safety, education and training.

Education

July 23-24, 2014
National USPAP Course

July 7-10, 2014
Basic Appraisal Principles

June 9-12, 2014
Basic Appraisal Procedures

February 3, 2009
Registered Member #470 American Society of Consulting Arborists

April 23, 2002, ASCA Academy ASCA Certificate
December 1992–October 1993, University of Tennessee, Knoxville, TN Credits May 31, 1983, Tennessee High School, Bristol, TN
High School Diploma

My real-world experience and continuing education have given me the equivalent of a PhD in Arboriculture. What I lack in academic exposure is offset by the rigorous requirements I fulfilled to qualify as a Registered Consulting Arborist and a Board- Certified Master Arborist. Fewer than 70 individuals worldwide have obtained both of these credentials. The achievement of obtaining these two credentials recognizes those individuals as having obtained the highest level of competencies within the arboricultural industry. I have gained vast experience in the preparation of dozens of formal consulting reports. As a result of my thorough preparations and testimony, a number of cases have been informative to the courts.

Certifications/Licenses

• April 18, 2018 Real Estate Broker Instructor Course ProAPAH February 29, 2018 Real Estate Appraisal Instructor Course
• September 2, 2016 FAA Pilot (UAS)
• March 23, 2016, Board Certified Master Arborist March 2013, Tennessee Certified Nursery Plant Dealer
• June 1, 1999, Kentucky Commercial Pesticide Applicator License/Certification, State of Kentucky
• October 10, 1998, NAA Home Study 1 NAA
• May 30, 1998, Tennessee Commercial Pesticide Applicator Certification Demonstration & Research; State of Tennessee
• February 1, 1998, Tennessee Certified Nursery Professional, TNLA
• January 21, 1998, Commercial Pesticide Applicator Certification, State of North Carolina December 9, 1995, ISA Certified Arborist
• March 1, 1994, Commercial Pesticide Applicator, State of Tennessee, Category 3 June 24, 1994, Commercial Pesticide Applicator License, State of Tennessee, HLT

Past Memberships

• Amateur Athletic Union American Horticulture Society
• American Society of Consulting Arborists, Registered Member CBL Roundtable
• Christian Executive Officer Christian Leadership Concepts Franklin Tree Commission
• Franklin First United Methodist Church Georgia Green Industry Association Gideons International
• International Society of Arboriculture
• International Society of Arboriculture, Southern Chapter Kentucky Arborist Association
• Mauget Advisory Board Microinjection Research Review Board National Arborist Association
• North American Mycological Association Southern Nurseryman’s Association
• Tennessee Nursery and Landscape Association Tennessee Urban Forestry Council
• Tree Care Industry Association

Endorsements

• Alabama Cooperative Extension Service Allison Kerr
• Appraisal Institute Litigation Conference
• Arkansas State University Belle Meade Country Club Betsy Abbot
• CEO Fellowship
• City of Franklin Parks Department Davey Tree Expert Company Dave Leonard RCA #346
• Dave Myers
• Emery and Henry University Empire Tree & Turf
• Fred Morgan RCA #327 Green Industry Expo Hannah Servant
• International Society of Arboriculture ISA Southern Chapter
• Jeffrey D. Bonner
• Kentucky Arborists Association
• Leyland Plantation Home & Garden Club Linda Mathis
• Megan and Matthew Monahan Mississippi Urban Forestry Council The Pauline Scott Stanton Trust Piedmont Tree Service
• Professional Grounds Maintenance Society Real Estate Litigation Conference Relocation Appraisers and Consultants
• South Carolina Urban & Community Forestry Tennessee Cooperative Extension Service Tennessee State University
• Tennessee Technological University Tennessee Urban Forestry Council Tusculum College
• USDA Forest Service, Southern Research Station University of Tennessee
• Wake Forest University

Offices Held

2021– American Society of Consulting Arborists: Marketing Committee Chair 2013– American Forests Ask a Consulting Arborist: Mid-South coordinator
2009–2011 Franklin Tree Commission:
Green Industry Board Member
Chairman Arbor Day Celebration, Education Committee

2008–2015 Franklin First United Methodist Church: Environmental Stewardship Steering Committee Spiritual & Nurture Committee Member
Church Evangelism Committee Member

2005– CEO Fellowship Board Member: Mentoring and Accountability Chairman 2004– Hemlock Wooley Adelgid Advisory Board: Founder
2003– Mauget Advisory Board: Member

2002– Tennessee Urban Forestry Council: President 2001– Tennessee Urban Forestry Council: Vice President
1998–2003- Tennessee Urban Forestry Council: Board Member

Testifying Cases for Past Four Years

BARRY J. FLYNN v JAMES RUTLEDGE and ROSIE RUTLEDGE IN THE CIRCUIT COURT FOR COFFEE COUNTY, TN CASE No: 41414
STEVEN M. SHENK and wife KIMBERLY DARLENE SCHENK v BAYFRONT PROPERTIES, G.P. IN THE CIRCUIT COURT FOR HAMILTON COUNTY, TN Docket No. 12C198
PAULINE SCOTT STANTON, THE PAULINE SCOTT STANTON REVOCABLE TRUST, PAULINE SCOTT STANTON AND JULIA STANTON BRAGG, TRUSTEES, THE JOHN S. STANTON REVOCABLE RESIDUARY TRUST, PAULINE SCOTT STANTON AND JULIA STANTON BRAGG, TRUSTEES, PLAINTIFFS, V STEPHEN H. HEFFINGTON, M.D., EMILY P. HEFFINGTON AND CODY ROWLAND, INDIVIDUALLY AND DBA ROWLANDS’S TREE SERVICE, DEFENDANTS AND CODY ROWLAND INDIVIDUALLY AND DBA ROWLAND’S TREE SERVICE, CROSS-PLAINTIFFS
IN THE CIRCUIT COURT FOR MAURY COUNTY, TN NO 15647 – Jury Demand
KENTUCKY-TENNESSEE CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTIST, INC. d/b/a INDIAN CREEK CAMP vs. WILLIAM O. CALDWELL and VIRGINIA L. CALDWELL, No. IN THE CHANCERY COURT FOR DEKALB COUNTY, TENNESSEE AT SMITHVILLE, 2017-CV-53.
PHILLIP & EMILY GOLDBERG vs. JAMES H. WRIGHT CONSTRUCTION COMPANY, LLC & PRATT LAND & DEVELOPMENT COMPANY, LLC N THE CIRCUIT COURT FOR HAMILTON COUNTY, TENNESSEE Case No. 19C1315
NELSON “BEN” RAYBURN and ANGELA KAY RAYBURN vs JAMES ANDERSON and WILLIAM ANDERSON IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION No. 3:19-cv-00828
TONYA THOMAS, PLAINTIFF V RHYTHM HOMES AND DEVELOPMENT, LLC, RYAN MCLAURY, NATHAN AGNUE, DBA HUSKY TREE SERVICE. IN THE CHANCERY COURT FOR DAVIDSON COUNTY, TENNESSEE AT NASHVILLE, DOCKET NO. 18-295- III JURY DEMAND
SHAUNA SHAIK, PLAINTIFF/COUNTER-DEFENDANT, VS. KENDALL A. NORWOOD AND SEAN PATRICK DANIELS, DEFENDANTS/COUNTER-PLAINTIFFS, VS. JASON JARED, COUNTER-DEFENDANT. IN THE CHANCERY COURT FOR DAVIDSON COUNTY, TENNESSEE AT NASHVILLE, DOCKET NO. 20-0600-IV JURY DEMAND