Expert Review and Testimony: Confidential Site

Lowndes, Drosdick, Doster, Kantor & Reed is a multi-practice law firm representing clients across a myriad of industries locally, nationally and internationally. From an initial complement of just four lawyers and four staff members, Lowndes, Drosdick, Doster, Kantor & Reed has grown to become, according to the Orlando Business Journal, Central Florida’s largest law firm.

CLIENT INFORMATION

PROJECT INFORMATION

OPPORTUNITY

Contamination assessment and remediation activities were performed by a large, Florida-based environmental consulting firm at a former trap and skeet shooting range. Client required litigation support and expert witness services to support a lawsuit with a seven-figure damages claim against the consultant. The lawsuit against the consultant included damages for:

  • Incomplete assessment of site contaminants.
  • Installation and operation of multiple, ineffective remediation systems.
  • Carrying costs for vertical construction based on a flawed projection of site remediation time frame.
  • Costs associated with retaining additional environmental consulting services and the re-creation of data.

Consultant/defendant was unaware that arsenic and polynuclear aromatic hydrocarbons (PAHs) are typically found at trap and skeet shooting ranges in association with lead and other contaminants and therefore failed to perform adequate testing. Additionally, consultant installed two dewatering/pump-and-treat systems, ostensibly to remediate arsenic, without full plume delineation. It wasn’t until after shutdown of the second system that additional plume delineation was performed, indicating that pump-and-treat systems installed would likely never have resulted in site-wide groundwater quality restoration


SOLUTION

HSA Golden’s project-specific activities included:

  • Review available project contracts, field notes, laboratory data, documents, correspondence, and depositions.
  • Provide guidance regarding standard of care.
  • Prepare summary reports.
  • Provide deposition testimony.

SUCCESS

  • Expert services successfully supported client’s/plaintiff’s claim against the consultant.
  • Lawsuit settled for significant (undisclosed) amount immediately prior to commencement of arbitration proceedings.