Operations Consultant. Provides comprehensive service in matters involving all aspects of train operations. Expert knowledge of data downloaded from locomotive event recorders and the analysis of such data to determine causation of railroad accidents/incidents. Dedicated to supporting litigation counsel through investigation and providing consultation and expertise. Will attend and assist attorneys during questioning of opposing parties during depositions. Investigated derailments, crossing accidents, personal injuries and other circumstances involving the rail industry. Given opinions in hundreds of railroad accidents/incidents. Mr. Fulk has demonstrated expertise while giving opinions and testimony for plaintiff and defendant attorneys during litigation of FELA and crossing accidents. Opinions and testimony has been given for offshore shipping company disputes over damage to laden and/or derailment causation. Retained by South Coast Air Quality Management District, (SCAQMD), an agency of the California Air Resources Board, (CARB), and provided expert testimony during court proceedings concerning railroads application of proposed rules requiring railroads to shut down locomotives to control diesel engine emission out-put.

Mr. Fulk has 33 years experience as Brakeman, Conductor, Fireman, Locomotive Engineer, (freight, local, yard, and passenger service), District Road Foreman and Division Road Foreman of Engines on the Norfolk Southern Railway. While employed by Norfolk Southern, was responsible for training programs and supervision of train and engine employees. Currently a Class 1 Certified Locomotive Engineer. Member of National Association of Railroad Safety Consultants and Investigators, (NARSCI), American National Standards Institute, (ANSI) – Committee A10.36, and Air Brake Association. Awarded Amtrak’s Engine Service Excellence Award while serving as locomotive engineer, 1994 – 2005. Amtrak tenure included, interim management, classes at the Chicago Illinois Institute of Technology, taught Amtrak engineers train braking methods, graduated release versus direct release braking, during classroom and on-board instruction.

Mr. Fulk earned a diploma from the Railway Educational Bureau in 2006 after completing over 50 lessons in assorted railroad subject matter. Past member of BLE Safety Task Force, organized for the purpose of participating in accident investigations conducted by the National Transportation Safety Board, (NTSB). Past Operation Lifesaver presenter, and President of Railex, Inc. 1995 – present.

Background

Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: Earned a Diploma from the Railway Education Bureau after Completing over 50 Lessons in Assorted Railroad Subject Matter, Recipient of Amtrak's Engine Service Excellence Award, Recipient of Norfolk Southern's Special Performance Award, Certified Class 1 Locomotive Engineer, Qualified on Operating Rules For NS, CSX, NORAC and The General Code, Numerous Class/Courses in Railroad Mechanical, Operations, Hazmat and Track

Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: Past Member of National Transportation Safety Task Force, Member of National Association of Railroad Safety Consultants and Investigators, Committee Member of the American National Standards Institute, Member of the Air Brake Association, Past Operation Lifesaver Class 1 Presenter

Q: Please list any teaching or speaking experience you have had, including subject matter:
A: Teaching Experience - NS Railway, Brakeman/Trainman, Locomotive Engineers, Training Facility Located in McDonough, Georgia, On-Board and Field Teaching and Training of Railroad Employees During Tenure With NS, Classroom and Field Teaching/Training of Locomotive Engineers During Tenure With Amtrak During Their Transtition From Graduated Release to Direct Release of Train Brakes:
Numerous Speaking Engagements; Civic Groups, Railroad Historical Societies, National Association of Railroad Safety Consultants and Investigators, Social Functions - Subject Matter; Railroad Industry and/or Railroad Operations

Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
A: No

Q: On how many occasions have you been retained as an expert?
A: In Excess of Two Hundred and Fifty

Q: For what area(s) of expertise have you been retained as an expert?
A: Railroad Employee Personal Injury, Injury to Outside Party Being Injured on Railroad Property, Rail/Highway Grade Crossing Accidents/Incidents, Train Derailment Causation, Assist attorneys during depositions of opposing parties, Claims Regarding Laden Being Transportated By Rail, Retained by South Coast Air Quality Management District, (SCAQMD), an agency of the California Air Resources Board, (CARB), as to railroads' application of rules concerning diesel engine emission out-put.

Q: In what percentage of your cases were you retained by the plaintiff?
A: 75 Percent

Q: In what percentage of your cases were you retained by the defendant?
A: 25 Percent

Q: On how many occasions have you had your deposition taken?
A: Approximately 75

Q: When was the last time you had your deposition taken?
A: September 14, 2007

Q: On how many occasions have you been qualified by a court to give expert testimony?
A: Approximately 250

Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: 8

Q: For how many years have you worked with the legal industry as an expert?
A: Thirteen Years

Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: Consulting, Testing, Analysis, Case Evaluation, Site Inspection, Assist During Depositions, Derailment Causation

Q: What is your hourly rate to consult with an attorney?
A: $200.00


Q: What is your hourly rate to review documents?
A: $200.00

Q: What is your hourly rate to provide deposition testimony?
A: $200.00 Per Hour With a Minimum of 8 Hours

Q: What is your hourly rate to provide testimony at trial?
A: $200.00 Per Hour With a Minimum of 8 Hours

Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: A $1,500.00 Retainer Will Be Required, Transportation And Lodging Will Be Billed on Actual Cost

References

Hoey & Farina
James L. Farina
542 South Dearborn
Suite 200
Chicago, Illinois 60605
312-939-1212

Erich P. Wise
Flynn, Delich & Wise LLP
One World Trade Center
Suite 1800
Long Beach, California 90831-1800
562-435-2626

Publications