James D. Madden. P.E.

Madden Accident Analysis & Forensic Engineering
8803 Brecksville Road, Suite 7-216
Cleveland, OH 44141
Web Site
Phone: 440-838-1191
Fax: 440-838-1192

During 28 years of forensic work Senior Forensic Engineer James D. Madden, P.E. has:

- completed over 1000 cases
- prepared and issued over 600 written reports
- prepared and issued over 60 affidavits
- testified in over 90 depositions
- testified in over 75 trials

Additional Qualifications of Senior Forensic Engineer James D. Madden, P.E. for forensic engineering work include the following:

- Professional Engineer's (PE) license earned taking the National Council of Engineering Examiners examinations in mechanical engineering and chemical engineering

- designation as a Diplomate Forensic Engineer by the National Academy of Forensic Engineers in accordance with the standards of the Council of Engineering and Scientific Specialty Boards

- Bachelors and Masters degrees in Engineering and post-degree college coursework in Engineering

- coursework, as part of the Engineering college work, in mathematics, physics, chemistry, engineering mechanics, mechanical engineering, chemical engineering, normal psychology

- numerous short courses and seminars on engineering and forensic subjects

- 9 courses in Traffic Accident Investigation and Reconstruction over 8 1/2 weeks at the Northwestern University Traffic Institute / Center for Public Safety

Prior to forensic engineering Mr. Madden spent 17 years doing engineering design of equipment and facilities, working in industrial operations, and providing engineering assistance in construction.

The Forensic Engineering work has included the investigation, engineering analysis and reconstruction of accidents and incidents causing injury, death and property damage, and the safety analysis of facilities and equipment involved in accidents.

This work is performed in the following forensic specialties:

- consumer product accidents and industrial, commercial and construction equipment accidents
- accidents involving construction and industrial and commercial operations
- traffic accidents, including roadway facility analysis
- building and property safety, including slips, trips and falls
- accidents involving chemicals, gases and materials
- equipment and industrial fires and explosions
- incidents of hazardous combustion, including heating system malfunctions with carbon monoxide poisoning and furnace explosions

The forensic work is based on principles of mechanical engineering and chemical engineering, including engineering mechanics (sometimes called the physics of an accident), and:

- Human Factors
- Safety Design principles, including the safety design hierarchy
- Safeguarding, Machine Guarding principles
- Warnings principles
- Codes, Standards, Regulations and Recommended Practices, as published by various organizations and authorities

The forensic engineering work typically includes, but is not necessarily limited to, the following activities, adjusted as required for each case.

- inspection of the accident site, such as a roadway, building or industrial facilities
- inspection of the involved equipment, during operation, or in damaged condition
- photography and/or video of the accident site and involved equipment
- interviewing witnesses - often during the inspection of the accident site, product and/or equipment
- review and study of case documents, evidence and applicable codes and standards
- testing accident items and exemplar items (such as consumer products)
- preparation of drawings, calculations, graphical analyses, computer analyses, etc.
- preparing written expert reports and affidavits, and courtroom exhibits
- coordinating or interfacing with others while they are preparing specialized courtroom exhibits
- providing expert testimony in deposition, trial and arbitration
- consultation with the client as requested, whenever requested
- response to all court requirements, such as scheduling

Mr. Madden is a member of the:

- American Society of Mechanical Engineers (ASME)
- American Institute of Chemical Engineers (AIChE)
- American Society of Civil Engineers (ASCE)
- American Society of Agricultural Engineers (ASABE)
- Society of Automotive Engineers (SAE)
- Institute of Transportation Engineers (ITE)
- National Fire Protection Association (NFPA)
- International Code Council (ICC)
- National Society of Professional Engineers (NSPE)
- National Academy of Forensic Engineers.

We are available throughout the United States.

To email us click on Email above. For additional information click on CV, Web Page and Background.

Background

Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: ..
- Professional Engineer (PE) license earned through taking the National Council of Engineering Examiners examinations in mechanical engineering and chemical engineering

- Bachelors and Masters degrees in Engineering with post-degree engineering coursework, with coursework in mathematics, physics, chemistry, engineering mechanics, mechanical engineering, chemical engineering and normal psychology

- Diplomate Forensic Engineer designation by the National Academy of Forensic Engineers according to the standards of the Council of Engineering and Scientific Specialty Boards

Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: ..
- American Society of Mechanical Engineers (ASME)
- American Institute of Chemical Engineers (AIChE)
- Society of Automotive Engineers (SAE)
- American Society of Civil Engineers (ASCE)
- American Society of Agricultural Engineering (ASABE)
- Institute of Transportation Engineers (ITE)
- National Fire Protection Association (NFPA)
- International Code Council (ICC)
- National Society of Professional Engineers
- National Academy of Forensic Engineers

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 1000 times

Q: For what area(s) of expertise have you been retained as an expert?
A: ..
- investigation, engineering analysis and reconstruction of accidents and incidents causing injury, death and property damage, and the safety analysis of facilities and equipment involved in accidents

-in the following forensic specialties.

- consumer products and industrial, commercial and construction equipment
- construction activities and industrial and commercial operations
- traffic accidents, including roadway facility analysis
- building and property safety, including slips, trips and falls
- accidents involving chemicals, gases and materials
- equipment and industrial fires and explosions
- incidents of hazardous combustion, including heating system malfunctions with carbon monoxide poisoning and furnace explosions

- based on principles of mechanical engineering and chemical engineering, including engineering mechanics (sometimes called the physics of an accident), and:

- Human Factors
- Safety Design principles, including the safety design hierarchy
- Safeguarding, Machine Guarding principles
- Warnings principles
- Codes, Standards, Regulations and Recommended Practices, as published by various organizations and authorities

Q: In what percentage of your cases were you retained by the plaintiff?
A: about 50% over the last 28 years

Q: In what percentage of your cases were you retained by the defendant?
A: about 50 % over the last 28 years

Q: On how many occasions have you had your deposition taken?
A: over 90 times

Q: When was the last time you had your deposition taken?
A: January 17, 2012

Q: On how many occasions have you been qualified by a court to give expert testimony?
A: over 75 times

Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: over 75 times

Q: For how many years have you worked with the legal industry as an expert?
A: over 28 years

Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: ..
The forensic engineering work typically includes, but is not necessarily limited to, the following activities, adjusted as required for each case:

- inspection of the accident site, such as a roadway, building or industrial facilities
- inspection of the involved equipment, during operation, or in damaged condition
- photography and/or video of the accident site and involved equipment
- interviewing witnesses - often during the inspection of the accident site, product and/or equipment
- review and study of case documents, evidence and applicable codes and standards
- testing accident items and exemplar items (such as consumer products)
- preparation of drawings, calculations, graphical analyses, computer analyses, etc.
- preparing written expert reports and affidavits, and courtroom exhibits
- coordinating or interfacing with others while they are preparing specialized courtroom exhibits
- providing expert testimony in deposition, trial and arbitration
- consultation with the client as requested, whenever requested
- response to all court requirements, such as scheduling

Q: What is your hourly rate to consult with an attorney?
A: ..
- intial phone consultation is free of charge
- $190/hour full rate; with discounted rates down to $160/hour depending on the timing of payment
- half rate ($95/hour) for the 2nd and 3rd hour of travel
- quarter rate ($47.50/hour) for travel after the 3rd hour,
- with discounts also available for travel depending on the timing of payment

Q: What is your hourly rate to review documents?
A: ..
- $190/hour full rate; with discounted rates down to $160/hour depending on the timing of payment
- half rate ($95/hour) for the 2nd and 3rd hour of travel
- quarter rate ($47.50/hour) for travel after the 3rd hour
- with discounts also available for travel depending on the timing of payment

Q: What is your hourly rate to provide deposition testimony?
A: ..
(for cross-examination testimony)
- $310/hour full rate; with a discounted rate of $280/hour for early payment
- half rate ($155/hour) for the 2nd and 3rd hour of travel
- quarter rate ($77.50/hour) for travel after the 3rd hour
- with discounts also available for travel depending on the timing of payment

Q: What is your hourly rate to provide testimony at trial?
A: ..
(for direct and cross-examination testimony)
- $250/hour full rate; with discounted rates down to $220 depending on the timing of payment
- half rate ($125/hour) for the 2nd and 3rd hour of all activities other than testimony
- quarter rate ($62.50/hour) for all activities other than testimony
after the 3rd hour
- with discounts also available for activities other than testimony depending on the timing of payment

Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: ..
- mileage: $0.50 per mile
- plane, hotel, rental car, etc.: actual charges paid
- normal typing (reports, letters, etc.): No Charge
- routine copies: No Charge
- reproduction, when required to be by outside suppliers: actual charges paid
- faxing, long-distance phone calls: No Charge

References

References available upon request.

Publications