ACCIDENTS & SAFETY

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ACCIDENTS & SAFETY 2012-06-27T14:18:18+00:00

Goguski & Associates provides expert witness and forensic consultation for litigation involving construction accidents, personal injury and other work-related injuries throughout the United States. We work with clients from every state in cases requiring in-depth knowledge of OSHA standards. Identifying hazards and violations of OSHA regulations is the first step in that process.

Over time, unsafe habits are formed and reinforced, thereby creating risk. Hazards occur unexpectedly and are not recognized even with trained safety personnel. When an accident occurs, the circumstances that matter are often overlooked. To ensure a strong case, facts need to be determined carefully and the standards of care must be proven by professionals with experience. Gogulski & Associates’ forensic engineers have the necessary experience and are certified by OSHA.

Academic qualifications are not enough. Mr. Gogulski has testified on cases against PhD.’s who wrote the reference manuals used in court. When opposing counsel stretches the facts and hires experts to do the same, Mr. Gogulski uses his engineering background and common sense approach in order to establish credibility and prevail in court. We represent both plaintiffs and defendants with professionalism and issue reports that often settle complex litigation cases.

We distinguish between employer/employee and contractor/subcontractor status using legal criteria, personal interviews and research to determine an accident’s cause, and whether and to what degree OSHA violations have occurred. We prepare case files for legal sufficiency and provide court testimony.

Below are several examples of past cases:

Pedrin v. Atlas Construction Supply, Inc.
Las Vegas, NV

Issued expert testimony on behalf of the decedent’s family in a personal injury case involving a fatal fall from scaffolding. Testified that the specialty scaffolding that failed on the construction site was discontinuous and shop drawings were unsigned and unstamped by the engineer of record. Ruling was favorable and a trust was established for the family of the deceased.

Maloney v. New York City Transit
New York, NY

Gogulski & Associates testified in court regarding an accident which occurred when a pedestrian fell through an unprotected subway grating on a sidewalk. Ruling was favorable.

Wellbourne v. Epic Divers
New Orleans, LA

An accident occurred when acetylene tanks were being transferred from a truck. Gogulski & Associates’ report resulted in a favorable settlement on behalf of the trucking company.

Bickel v. Mud Creek Golf Course
Kansas City, MO

A resident of a golf course community was seriously injured while riding a bicycle on a cart path which was insufficiently protected from the excavation of the sprinkler contractor. Our testimony was used to favorably resolve the settlement for the injured party.

Almodor vs Dencoet al
White Sands Test Facility New Mexico

Defended the backhoe operator and his employer and provided testimony that proved a known hazard existed in a fatal backhoe accident. In this case, OSHA standards of care were ignored by personnel trained to prevent accidents. This was a 3rd party liability case involving citations issued to three separate parties who were at the scene of the accident, but had no contractual responsibility. Gogulski & Associates’ testimony led to settlement and our opinions were confirmed in a brief issued by the Secretary of Labor.

Rub v. Kirk
Chicago, IL

As the plaintiff’s expert witness, Gogulski & Associates provided testimony that proved the general contractor was negligent in standards of care which could have prevented two framers from falling while working on the roof of a residential project.