46 Cases as a Consultant or Expert Witness
Patton v Doman
Client – Robert and Fatima Doman
Council – Eric Lee of Hogan Lee Hutchinson
Jeremy Stuart of Christensen and Jensen
Expert Witness – Consultation and Report
October 2018 to Present
The Pattons are suing the Domans for failing to disclose previous water damage appropriately and the Domans are claiming that the Pattons are using a water loss to remodel their entire home.
Case in Progress
Daybreak Eastlake Village v Standard Builders
Civil # 150908049
Client – Standard Builders
Council – Isaac James of Leonard and James
Expert Witness – Consultation and Report
December 2017 to 2018
HOA suing General Contractor and Sub-Contractors over alleged construction defects.
Ended in Summary Judgment
Daybreak Eastlake Village v GZ Enterprise
Civil # 150908049
Client – GZ Enterprise
Council – Isaac James of Leonard and James
Expert Witness – Consultation and Report
December 2017 to 2018
HOA suing General Contractor and Sub-Contractors over alleged construction defects
Ended in Summary Judgment
GNCC, LLC Wysteria Inn v Auto Owners Insurance
Civil # 16-CVS-2245 (Buncombe County, North Carolina)
Client – Jacob Lion
Council – Jake Snider of Wimer and Snider
Mike Wimer of Wimer and Snider
Expert Witness – Consultation and Report
September 2017 to Present
Owner suing Insurance company for unwarranted arson investigation which resulted in financial loss and the closure of his business.
Case in Progress
Stoney Brook Condos v Rich Johnson Masonry
Civil # 150902423
Client – Rich Johnson Construction
Council – Britton Butterfield of Suiter Axland
Mike Homer of Suiter Axland
Expert Witness – Consultation and Report
June 2017 to 2018
HOA suing General Contractor and Masonry Sub-Contractor over alleged construction defects
Case Settled
Legacy Resorts (Zermatt) v Okland Construction
Civil # 20500050
Client – Okland Construction
Council – Noah Hoagland of Suiter Axland
Expert Witness – Consultation and Report
May 2017 to Present
Resort owners suing General Contractor over alleged construction defects
Case in Progress
Vector Construction v Ram Builders
Civil # 170900726
Client – Ram Builders
Counsel – Isaac James of Leonard and James
Expert Witness – Consultation and Report
May 2017 to Nov 2017
General Contractor suing sub-contractor over alleged stucco construction defects.
Negotiated Settlement
Farnsworth v Meigs
Civil # 160400358 CN
Client – Glen Meigs
Counsel – Chris Dexter of Dexter Law
Expert Witness – Consultation, Report, and Testimony in Court
June 2016 to April 2017
Buyers suing Seller over alleged failures to disclose
Split decision, Court ruled that neither side prevailed.
My defense regarding mold prevailed.
Leonard v PC Villas
Civil # 140903125
Client – Foster Leonard
Counsel – Kelly McFarlane of Christensen and Jensen
Consultation and Report
January 2016 to 2017
HOA failed to maintain building causing physical damage and loss of eyesight to Mr. Leonard from a fall when balcony railing failed.
Case Settled
The Gables at Saratoga Springs v Jade Glass
Civil # 150401246
Client – Jade Glass
Counsel – Mike Brady of Brady Law
Expert Witness – Consultation and Report
May 2016 to Present
HOA and General Contractor suing over alleged construction defects.
Case Settled
The Gables at Saratoga Springs v Riding Siding
Civil # 150401246
Client – Riding Siding
Counsel – Mike Brady of Brady Law
Expert Witness – Consultation and Report
May 2016 to Present
HOA and General Contractor suing over alleged construction defects.
Case Settled
The Gables at Saratoga Springs v Widco Systems
Civil # 150401246
Client – Widco Systems
Counsel – Isaac James of Leonard and James
Expert Witness – Consultation and Report
January 2016 to Present
HOA and General Contractor suing over alleged construction defects.
Case Settled
Leonard v PC Villas
Civil # 140903125
Client – Foster Leonard
Counsel – Kelly McFarlane of Christensen and Jensen
Consultation and Report
January 2016 to Present
HOA failed to maintain building causing physical damage and loss of eyesight to Mr. Leonard from a fall when balcony railing failed.
Case Settled
Smith v Farmers Insurance v ServiceMaster by Phipps
Civil # 150700754
Client – ServiceMaster by Phipps
Counsel – Anna Nelson & Jonathan Hawkins of Morgan Minnock Rice & James
Expert Witness – Consultation and Report
October 2015 to Present
Dispute whether proper drying and mold remediation protocol were used.
Case in Progress
Jorgensen v Hendricks (Bear River Mutual Insurance)
Civil # 130907795
Client – Jamie Hendricks
Counsel – Rick Glauser and Jerry Gray of Smith and Glauser
Consultation and Report
September 2015 to Present
Dispute over damage from a sewage back up in a rental unit.
Case Settled
John & Emily Blodgett v Van Con Inc & Water Movers, Inc
Civil # 140906726
Client – Van Con Inc
Counsel – Joe Minnock of Morgan Minnock Rice & James
Expert Witness – Consultation and Report
August 2015 to Present
Dispute over content damages from water loss.
Case Settled
State Farm A/S/O Randal Beck v PLS Construction
Civil # 140100187
Client – PLS Construction
Counsel – Anna Nelson of Morgan Minnock Rice & James
Expert Witness – Consultation and Report
August 2015
Third-party insurance subrogation for damage from fire caused by contractor.
Case Settled
ProSight Specialty Insurance A/S/O Paradise Fire Protection v Victaulic Insurance Claim #EWR000011233
Client – ProSight Specialty Insurance
Counsel – Scott C. Powers of Snow Christensen & Martineau
Adam M. Pace of Snow Christensen & Martineau
Expert Witness – Consultation and Report
March 2015 to April 2015
Third-party insurance subrogation for water damage from leak in sprinkler system installed by Paradise Fire Protection. Evaluated costs of repair.
Case Settled
Washington County Water Conservation District v Hancock
Dispute between Water District and Owner
Client - WCWCD
Counsel – Dave Richards of Christensen and Jensen
Expert Witness – Consultation & Report
January 2015 to Present
Dispute over ownership of ground water flooding the Hancock’s basement and subsequent repairs required.
Case in Progress
Allstate v Jacuzzi Inc.
Civil # 140100033
Client – Jacuzzi Inc.
Counsel – Nathan Skeen of Snow, Christensen, & Martineau
Expert Witness – Consultation
November 2014 to Present
Third Party Product Liability Case. Reviewed documents and prepared sample questions for depositions.
Case Settled
Eagle Mountain City v Miller et al.
Civil #’s 140400474 & 130401549
Client – Eagle Mountain City
Counsel – Scott Martin of Snow, Christensen, & Martineau, counsel for Eagle Mtn City
Dani Cepernich of Snow, Christensen, & Martineau, counsel for Eagle Mtn City Expert Witness – Consultation and Report
October 2014 to Present
Multiple sewage back-ups. Reviewed documents, inspected site and prepared an Expert Report.
Case Settled
Geneva Rock v Miller et al.
Civil #’s 140400474 & 130401549
Client – Geneva Rock
Counsel –Allison Fletcher of Morgan, Minnock, Rice, and James
Daniel Young of Plant, Christensen & Kanell
Expert Witness – Consultation and Report
October 2014 to Present
Multiple sewage back-ups. Reviewed documents, inspected site and prepared an Expert Report.
Case Settled
National Oilwell Varco
Insurance claim
Client – EMM Realty of Utah, Robert Lapin
Counsel – Angus Edwards of Jones, Waldo, Holbrook & McDonough
Expert Witness – Consultation and Report
July 2014
Evaluated expert report for repairs and generated comparison estimate.
Assignment Completed
Joseph Tomlinson
Client – Joseph Tomlinson
Consultation and Owner’s Representative for flood damage repair unrelated to law suit.
Sept 2014 to January 2015
Owner’s representative to Insurance Company and General Contractor.
Re-wrote estimate from $32,000 to $56,000 and receive approval from Insurance.
Assignment Completed
Amica Insurance v Tomlinson
Claim # 1613-16414-HO
Client – Amica Insurance
Adjuster – Matt Higginson
Expert Witness – Consultation, Destructive Investigation and Reports
May 2014 to Sept 2014
Determine causation and source of water intrusion for insurance coverage issues.
Re-wrote estimate for insurance portion of coverage to reflect actual costs.
Assignments Completed
Tomlinson v Doug Knight Construction
Civil # 100500668
Client – Joseph Tomlinson
Counsel – Bastiaan Coebergh of Wrona, Gordon & Dubois
Expert Witness – Consultation, Report and Deposition
January 2014 to Present
Construction Defect Law Suit regarding mistakes that caused extensive water intrusion and mold damage.
Case Dismissed
Garden Grove HOA v Carlco Builders v Mike Duford Construction
Civil # 110915100
Client – Mike Duford Construction
Counsel – Stephen Edwards of Morgan Minnock, Rice, and James
Andrea Keysar of Morgan Minnock, Rice, and James
Expert Witness – Consultation and Summary Report
May 2014 to Present
Construction Defect Law Suit regarding stucco installation and subsequent damage.
Case Settled
Bullock v Mt Sterling Construction
Client – Mt Sterling Construction
Counsel – Eric Davenport of Smith & Glauser
Garrett Walker of Smith & Glauser
Expert Witness – Consultation
January 2014 to Present
Construction Defect Law Suit.
Case Settled before report or consultation
The Cedars Townhome Owners Assoc. v G&J Construction v Stucco Works
Civil # 080401404
Client – Stucco Works
Counsel – Elizabeth McOmber of Snell and Wilmer
Expert Witness – Consultation and Report
January 2014 to Present
Dispute over alleged stucco construction defects to multiple condo units.
Ended in Summary Judgment
Peerless Indemnity Insurance v Lone Star Construction & Westec Electric
Civil # 130902459
Client – Lone Star Construction
Counsel – Rick Glauser of Smith & Glauser
Mark Thornton of Smith & Glauser
Expert Witness – Consultation and Report
January 2014 to 2015
Third-party liability claim for repairs from a fire.
Case Settled
Bunjes v Certified Disaster
Dispute with Repair Contractor
Client – Ed & Pat Bunjes
Consultation and Inspection
Sept 2013 to 2015
Contractor defects in restoration of fire damaged home
Case Settled
Memmott vs. Maggio
Claim # MPL 12-03172
Client – Shane Maggio
Counsel – Andrea Keysar of Morgan Minnock Rice & James
Joe Minnock of Morgan Minnock Rice & James
Expert Witness – Consultation
September 2013 to Present
Dispute over possible non-disclosed items in sale of home
Claim Settled
Gullihur vs. M&M Properties
Civil # 120900394
Client – Michael Gullihur
Counsel – Keith Johnson of Henriksen & Henriksen
Expert Witness – Consultation and Report
July 2013 to Present
Dispute over coverage of a water loss and mold remediation
which occurred at the time of the sale of the home
Case Dismissed
Maxwell vs. Heath
Civil # 110500089
Client – Dan Heath, Pine Meadows Property
Counsel – Rob Wallace of Kirton McConkie
Mike Johnston of Kirton McConkie
Expert Witness – Consultation and Report
April 2013 to Present
Dispute over possible non-disclosed rodent infestation in sale of home.
Case in Progress
Johnson vs. Martin
Civil # 070912237
Client – Markay Johnson Construction
Counsel – Jackie Pilling of Kirton McConkie
Christopher Hill of Kirton McConkie
Expert Witness – Consultation and Report
June 2013 to 2014
Dispute over work performed and money paid in
construction of new barn and house
Case Settled
Carter Electric vs. Robert Oldroyd
Civil # 120400163
Client – Carter Electric
Counsel – Kathie Roberts of Kathie Brown Roberts
Ben Johnson of Bennett Tueller Johnson & Deere
Expert Witness –Consultation, Report, and Court Testimony
December 2012 to March 2014
Dispute over whether additional services were part of the
original estimate for fire repair.
Oldroyd Prevailed in Court
The Gables HOA vs. Castlewood Construction vs. BA Critchfield
Civil # 100901740
Client – BA Critchfield
Counsel – Al Gray of Smith and Glauser
Expert Witness - Consultation and Report
November 2012 to July 2014
Dispute over alleged construction defects to multiple condo units.
Ended in Summary Judgment
State Farm Insurance vs. Integrated Construction Services, Inc; TID, Inc; & Walsh Corporation dba Walsh Concrete Cutting
Civil # 110917599
Clients – Integrated Construction Services, Inc, - TID, Inc, - Walsh Corporation
Counsel –Integrated Construction Services, Inc – Karen Schmid of Berrett & Assoc
TID, Inc – Ben Johnson of Bennett Tueller Johnson & Deere
Walsh Construction – Gainer Waldbillig of GW Law
Expert Witness - Consultation and Report
October 2012 to 2014
Third-party water damage insurance claim. Consultation in subrogation case.
Case Settled
Taylor vs. Water Damage Specialists
Civil # 110904879
Client – Daniel & Verla Taylor
Counsel – Al Gray of Smith and Glauser
Expert Witness - Consultation and Report
September 2012 to 2014
Water damage insurance claim. Dispute over charges for services & the method of payment.
Case Settled
Farmers Insurance vs. Timberline Plumbing & Mountain Land Contractors
Civil # 110917814
Client – Mountain Land Contractors
Counsel – Joseph Minnock & Anna Nelson of Morgan Minnock Rice & James
Expert Witness – Consultation and Report
September 2012 to 2012
Water damage insurance claim.
Case Settled
Gatherum vs. Okland Construction
Civil # 120904843
Client – Lamar Gatherum
Counsel – Reed Martineau & Jason Hawkins of Snow Christensen & Martineau
Expert Witness – Consultation and Report
September 2012 to 2014
Gatherum home was continually flooded from run-off water from elementary school under construction by Okland Construction.
Case Settled
Bonneville Mill vs. Progressive Insurance
Insurance claim
Client – Bonneville Mill, Wayne Hammon
Counsel – James Burton of Kirton McConkie
Expert Witness – Consultation and Report
March 2012
Truck fire parked next to Bonneville Mill caused fire and smoke damage in building.
Prepared report detailing real repair costs to equipment and building.
Case Settled
Huffaker vs. Mapleton and Springville Irrigation Companies
Civil # 080400758
Client – Mapleton Irrigation Company
Counsel – Dave Richards of Christensen and Jensen
Client – Springville Irrigation Company
Counsel – Gary Johnson of Richards Brandt Miller Nelson
Expert Witness – Consultation, Report, Deposition and Court Testimony
October 2008 to November 2011
Huffakers claimed water from irrigation canal seeped into their home
causing irreparable structural and mold damage.
Court found Mapleton & Springville Irrigation companies not liable for damages
Purple Wall vs. Auto Owners Insurance
Insurance Claim
Client – Auto Owners Insurance
Counsel – Rick Glauser of Smith and Glauser
Expert Witness – Consultation and Report
September 2010 to January 2011
Renters moved out and left extensive damage to home. Owner claimed damages but insurance company disputed costs and extent of liability.
Case Settled
Rivas Construction vs. Scottsdale Insurance
Civil # 060904781
Clients – Hired by both Rivas Construction and Scottsdale Insurance
Counsel for Rivas – Baird Morgan of Richards Brandt Miller Nelson
Counsel for Scottsdale – Andrew Morse of Snow Christensen & Martineau
Fact and Expert Witness – Consultation, Report, and Deposition
May 2007 to May 2011
Insurance company initially denied coverage for liability claim, but later reversed their opinion. Contractor sued for damages from delay in coverage.
Case Settled
Shadow Wood Apartments vs. Nova Casualty Company
Civil # 0-80403326
Client – Nova Casualty Company
Counsel – Angus Edwards of Jones, Waldo, Holbrook & McDonough
Expert Witness – Consultation, Report, and Deposition
October 2008 to March 2011
Apartment owners made repairs from fire damage
and presented a final bill of $1,250,000.00.
Estimate for repairs was $397.000.00.
Case Settled
Neff vs. State Farm
Arbitration of Insurance Claim
Client – State Farm Insurance
Adjuster – Pete Tesch, State Farm Insurance
Fact Witness and Consultation
2004
Owner hired public adjuster over dispute with State Farm Insurance Company
over total compensation due from a fire to their boutique shop rental property.
Ended in Arbitration