Mr. McCarthy is a mechanical engineer experienced in determining defects in products, such as machines and equipment, that have caused serious injuries or losses. He has extensive experience as an expert witness. Mr. McCarthy specializes in the analysis of products regarding safety including machine guarding, instructions, and warnings. His 35 years experience as a machine design engineer and forensic consultant in hundreds of personal-injury product-liability cases makes Mr. McCarthy one of the foremost machine safety experts. He has qualified as an expert witness 129 times in a variety of state and federal courts.
Mr. McCarthy is an expert in the following areas: product liability, product safeguarding, agricultural machines safeguards, machinery safeguarding, mechanical engineering, safety engineering, machine guarding, machinery, products, product safety, warnings, safety.
Background
Q: Please list your professional accreditations, degrees, licenses, and certificates granted:A: Washington & Lee University, Lexington, Virginia,
Bachelor of Science, 1959
Major: Physics and Pre-Engineering;
University of Florida, Gainesville, Florida,
Bachelor of Science Mechanical Engineering, High Honors, 1968, Major: Machine Design;
University of Florida, Gainesville, Florida
Graduate Courses in Mechanical Engineering, 1969
Major: Machine Design.
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: Registrations:
Florida Professional Engineer, 13675, 1973-present;
Georgia Professional Engineer, 10101, 1975-present;
Alabama Professional Engineer, 13823, 1982-present;
Former memberships:
American Society of Mechanical Engineers (ASME);
American Society of Safety Engineers (ASSE);
National Safety Council, Northwest Florida Branch (NSC);
National Society of Professional Engineers, (NSPE);
Florida Engineering Society (FES);
Society of Automotive Engineers (SAE);
American Academy of Forensic Sciences, Incorporated (AAFS);
National Fire Protection Association (NFPA);
International Association of Arson Investigators, Incorporated, Florida Chapter (IAAI);
American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRE);
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: Taught seminars on machine guarding to attorneys and taught AARP Safe Driving Classes
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: Over 1,700
Q: For what area(s) of expertise have you been retained as an expert?
A: Machine safeguarding, product liability, fire cause analysis, automotive accident reconstruction, slip and falls
Q: In what percentage of your cases were you retained by the plaintiff?
A: 90%
Q: In what percentage of your cases were you retained by the defendant?
A: 10%
Q: On how many occasions have you had your deposition taken?
A: Hundreds?
Q: When was the last time you had your deposition taken?
A: up to 8 times/year
Q: On how many occasions have you been qualified by a court to give expert testimony?
A: 129
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: 129
Q: For how many years have you worked with the legal industry as an expert?
A: 35
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: Consulting, testing, reports, site inspections, exhibit preparation, trial preparation, testimony
Q: What is your hourly rate to consult with an attorney?
A: 175/hr.
Q: What is your hourly rate to review documents?
A: 175/hr.
Q: What is your hourly rate to provide deposition testimony?
A: 250 first two, $200/hr. subsequent
Q: What is your hourly rate to provide testimony at trial?
A: 200/hr.
Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: Professional Services:
Retainer $1,000.00 per project in advance (held in escrow to be applied to final invoice);
Minimum per project $500.00;
Minimum per deposition $450.00 for 2 hrs.;
Engineering $175.00/hr.;
Travel (for trips one hour or longer) $150.00/hr.;
Travel advance (trips out of town per day or partial day) $2,000/day or partial day;
Testimony at deposition or trial (includes waiting) $200.00/hr.;
Technician $45.00/hr.;
Clerical $35.00/hr.;
Expenses and Materials:
Meals, lodging, consultants, publications, special tools, laboratory analysis,
parts, models, car rental, air fare, drafting services, postage, etc.
Deductible cost plus 10%
Non-deductible cost plus 60%;
Photographic
Color (2 - 4x6 prints per negative) $2.50 ea.
Reprints ($10.00 minimum) $1.00 ea.;
Copies $0.20 ea.;
Long Distance Calls $5.00 ea.;
Mileage $.50/mi.;
Evidence Storage:
First Two months No Charge
Each succeeding six-month period (in advance) $30.00;
Supervised access to evidence same as professional services;
Terms:
Net 30 days from date of invoice,
submitted when sufficient charges accumulate;
Overdue charge 1.5% per month
References
Tad D. Draper or Richard I. AshtonAshton, Braunberger & Bond, P.C.
765 East 9000 South, Suite A-1
Sandy, UT 84094
(801) 562-3200
ashton@utah-lawyers.net
Cindi A. Solomon
Ness, Motley, Loadholt, et.al.
P. O. Box 1792
Mt. Pleasant, SC 29465
(843) 216-9151
csolomon@nmlrp.com
Vuk Vujasinovic
Stevenson & Ammons
3700 Montrose Blvd.
Houston, TX 77006
(713) 523-3030
vuk@stevenson-ammons.com
