Mr. Gary E Kilpatrick, PE, DFE

The Kilpatrick Group, PA
3397 Cherrybrook Drive
Jamestown , NC 27282
Mobile: 336-803-1639
Office: 336-841-6354
Fax: 336-841-6375
Introduction

Who is The Kilpatrick Group, PA?

Our mission is to provide to you with forensic mechanical design engineering services that are dedicated to the application of the art, science and methodology of forensic engineering and the scientific method in order to answer questions of fact in the jurisprudence system concerning accidents and product defect and failure claims. We utilize our engineering knowledge, skill, experience, training and education to give you an objective professional opinion that is detailed, understandable and timely. Mr. Kilpatrick has submitted many written expert reports in state and federal court and have given sworn expert testimony under oath during both deposition and trial.

Mr. Kilpatrick is a full member of the National Academy of Forensic Engineers (NAFE) and is a Diplomat Forensic Engineer. He is also a full member of several other professional societies namely: the American Society for Mechanical Engineers (ASME); the National Society for Professional Engineers (NSPE); the Society of Automotive Engineers (SAE); the American Motorcyclist Association (AMA; Harley Owners Group (HOG); American All-Terrain Vehicle Association (AATVA); International Association of Amusement Parks and Attractions (IAAPA); National Association of Professional Accident Reconstruction Specialists (NAPARS) and North Carolina Truckers Association (NCTA).

What services does The Kilpatrick Group, PA provide?

DIVISION I SERVICES: INDUSTRIAL ACCIDENTS RECONSTRUCTION
PRODUCT DEFECT AND FAILURE ANALYSES (OSHA expert and certified in 29CFR1910, 1026 and 1928)

Since 2003, have more than 17+ years of experience providing forensic mechanical design engineering services in Industrial Accidents to law firms and insurance companies; Am OSHA certified in 29CFR1910, 1926 and 1928; Have approximately 20 years of industrial work experience in industrial wood working machinery such as rip saws, boring machines, routers and shapers, sanding machines; Metal cutting multi-axis machining centers, transfer lines, roller bearing machining and manufacturing, drilling, tapping and boring operations, OD and ID grinding operations, gear manufacturing, sheet metal roll forming, kinetic energy and hydraulic punch presses, overhead gantry crane design, manufacturing and process, machine design, machine guarding, conveyor design and quality assurance, assembly line and bench operations, warehouses and tractor trailer loading docks; Have extensive knowledge of standards of care and maintenance requirements of industrial process equipment along with the standards of care and proper practice of plant operations; Automotive engineer: worked in the automotive industry for approximately nine years which included OSHA safety regulations; Have OSHA certifications in 29CFR1910-1026-1928, am an OSHA safety regulations expert in 29CFR1910, 1926 and 1928, ISO 9001 requirements and applicable ANSI, ASME, UL and ISO Standards; Extensive investigation and reconstruction experience of many types of industrial accidents; Worked for the inventor of the forklift namely "The Clark Equipment Company" who was the inventor and manufacturer of forklifts, heavy off-road earth moving machinery and cranes; Setup the machinery and machined spur and hypoid ring and pinion gears, spur gears, spindles, planet carriers, wheel knuckles, transmission housings, axle housings and differential gear train carriers for rough terrain forklifts and rough terrain telescoping mobile cranes; Assembled rough terrain telescoping forklift and rough terrain telescoping crane drive train components including large transmissions, driver steer axles and differential units; Have well over 1000+ hours of experience in the day-to-day operation of forklifts over a five year period which included material handling operations. Have a current forklift certification and license to operate forklifts; Have design engineering experience in overhead gantry cranes and belt conveyors; Have thousands of hours of experience operating gantry cranes during process machining and assembly operations; Very knowledgeable of telescoping and lattice boom mobile cranes both axle wheeled driven and crawler tracked cranes; Very knowledgeable of crane lift plans, load charts, counterweight systems; Very knowledgeable crane operations, maintenance and government regulations as well as other types of industrial process equipment; The process equipment used to machine component parts were both the older type NC tape operated controllers as well as the more modern CNC controllers using G,M,T,S,D,P,N codes; Worked as a mechanical design engineer for various companies which involved process machine design, continuous improvement projects, quality assurance and corrective actions; Have experience in process equipment installation such as surface grinders, automated robotic automotive wheel bearings process equipment, rollformers, spraying equipment and kinetic energy punch presses; Have work experience with warehouse storage racks and FIFO; Setup a warehouse for the storage of sheet metal rolls and forklift FIFO; Have investigated industrial accidents while working as a staff engineer in industry and have investigated many industrial accidents as a litigation expert since 2003. Investigates the causes of tracked and wheeled mobile crane failures, tractor accidents, earth moving machine and forklift accidents as well as many other types of industrial process machines.

DIVISION II SERVICES: FORKLIFT ACCIDENT RECONSTRUCTION AND PRODUCT DEFECT AND FAILURE ANALYSES

Worked for the inventor of the forklift namely "The Clark Equipment Company" who was a competitor Caterpillar at the time who manufactured forklifts, heavy off-road earth moving machinery and mobile cranes; Very knowledgeable of OSHA regulations 29CFR1910.178 for “Powered Industrial Trucks” and have OSHA certifications; Machined spur and hypoid ring and pinion gears, spur gears, spindles, planet carriers, wheel knuckles, transmission housings, axle housings and differential gear train carriers for rough terrain forklifts and mobile wheeled rough terrain telescoping cranes; Assembled rough terrain forklifts and mobile wheeled rough terrain telescoping cranes and their drive train components including large transmissions, driver steer axles and differential units; Have well over 1000+ hours of experience in the day-to-day operation of forklifts over a five year period which included material handling operations. Have operational experience with sit-down forklifts and stand-up narrow aisle forklifts; Have a current forklift certification and license to operate forklifts and am recertified to operate forklifts every three years per OSHA 29CFR1910.178; Have thousands of hours of experience operating gantry cranes during process machining and assembly operations; Have design engineering experience with overhead gantry cranes; Have investigated many forklift accidents and have given professional testimony and opinions in many forklift accidents.

DIVISION III SERVICES: CRANE ACCIDENTS RECONSTRUCTION AND PRODUCT DEFECT AND FAILURE ANALYSES

Worked for The Clark Equipment Company who was a manufacturer of forklifts, heavy off-road earth moving machinery, cranes; Expert knowledge of OSHA regulations 29CFR1926.1400 and have OSHA certifications; Machined spur and hypoid ring and pinion gears, spur gears, spindles, planet carriers, wheel knuckles, transmission housings, axle housings and differential gear train carriers for rough terrain mobile wheeled rough terrain mobile telescoping cranes; Assembled mobile wheeled rough terrain telescoping crane drive train components including large transmissions, driver steer axles and differential units; Have thousands of hours of experience operating gantry cranes during process machining and assembly operations; Have design engineering experience with overhead gantry cranes; Expert knowledge of telescoping and lattice boom cranes both axle wheel driven and crawler tracked cranes; Expert knowledge of crane physics, rigging, load charts, lift plans and data loggers, slewing and luffing; Expert knowledge of crane operations, rigging, maintenance and government regulations; Have investigated and gave professional opinions in several crane accidents.

DIVISION IV SERVICES: AMUSEMENT PARK RIDE ACCIDENTS RECONSTRUCTION AND PRODUCT DEFECT AND FAILURE ANALYSES

Mr. Kilpatrick also provide forensic engineering service to investigate the mechanical engineering cause of Amusement Park Ride Accidents; He has been retained in cases involving patron go-karts rides, patron ride restraint system design, patron ride machines incorporating gondolas, ride machine support structural failure by applying his engineering education, training, knowledge and experience in mechanical machine design as well as the interpretation of the Amusement Park Ride ASTM F24 Committee standards. Mr. Kilpatrick will determine whether or not the amusement rides device is designed properly for its intended purpose or is defective by design and what components failed in service and why it failed to cause an accident. Mr. Kilpatrick will also opine on Amusement Park Ride Standards of Maintenance and Standards of Care.

DIVISION V SERVICES: MOTOR VEHICLE CRASH RECONSTRUCTION AND PRODUCT DEFECT AND FAILURE ANALYSES

Since 2003, have more than 17+ years of experience providing forensic engineering services in Motor Vehicle Crash Reconstruction to law firms, public defenders and insurance companies; Automotive engineer; worked in the automotive industry for approximately nine years; Have a Class A Commercial Driver’s License (CDL) with Tanker, Haz-Mat, Triples, Passenger Bus and School Bus endorsements; Have approximately 100+ hours of drive time experience in commercial tractor trailer trucks; Expert knowledge of the Federal Motor Carrier Safety Regulations namely 49 CFR 40, 303, 325, 350 - 399 for commercial tractor trailer trucks as well as other commercial vehicles; Hazardous Materials training and certification DOT Hazardous Materials namely 49CFR 100-185; Have extensive knowledge of commercial vehicles with air brake systems, semi-trailer landing gear, commercial tractor-trailer trucks, commercial cement trucks, commercial dump trucks, commercial flatbed and box trucks, school buses, fire trucks, ambulances; Have expert extensive knowledge of standards of care and maintenance requirements of commercial vehicles; Part-Time substitute school bus driver and school bus safety expert; Have extensive knowledge of air brake systems, pre-trip, during-trip, post-trip inspections and both paper and electronic driver logs; Member of the North Carolina Truckers Association; Expert knowledge of motor vehicle airbags and seat belts; Avid motorcycle rider and motorcycle expert in the function, handling of motorcycles, product defect and failure analyses and motorcycle crash reconstruction; Knowledgeable of highway guardrail systems; Expert knowledge and investigation experience in All-Terrain Vehicles (ATVs) and Recreational Off-Highway Vehicles (ROVs) crash and rollovers reconstruction and ramps used in loading and unloading these machines; Have extensive training and knowledge of ATVs and ROVs. Have owned and ridden a 2007 Honda TRX 420 Rancher ATV; Pedestrian collisions; Have extensive engineering education, knowledge, training and experience in analyzing complex vehicle and pedestrian crashes, incorporate state-of-the-art computer video simulation software technology to demonstrate and animate how a car, light truck, commercial tractor trailer truck, motorcycle, ATV or pedestrian crash takes place; Have extensive training, knowledge, experience and equipment in lamp filament analyses, imaging and analyzing the crash data reports (CDR) stored in a car or light truck event data recorder (EDR); Extensive training, knowledge, experience and equipment in imaging and analyzing commercial tractor trailer truck’s Electronic Control Module (ECM) run data concerning truck speed, engine rpm, brake application, clutch application, engine load, throttle application, cruise control, DTC codes, transmission gearing, hard stop braking and last stop data and other data; Involved in product defect and failure analysis of cars, light trucks, heavy commercial vehicles, air brake systems, motorcycles, ATV’s, ROV’s and their components; Create CAD drawings for trial exhibits. Can build models for trial exhibits; Have written and submitted expert reports for state and federal courts for trial; Have given expert deposition and courtroom trial testimony multiple times; Attend and participate in various seminars regarding research in imaging and analyzing a vehicle’s crash data reports and heavy commercial trucks ECM data; Attend and participate in staged motor vehicle collisions and associated analyses for research involving cars, light trucks, commercial heavy trucks, motorcycles and pedestrians.

DIVISION VI SERVICES: MOTORCYCLE AND ALL-TERRAIN VEHICLE (ATV) CRASH RECONSTRUCTION AND PRODUCT DEFECT AND FAILURE ANALYSES

Have more than 30 years of experience riding motorcycles; Am an Avid motorcycle rider; Owner and rider of a 2012 Harley-Davidson CVO Road Glide Custom; Have owned and operated custom choppers; Have owned and operated a 2007 Honda TRX 420 Rancher ATV for several years; Provide forensic engineering services to law firms, public defenders and insurance companies:

Motorcycle and ATV Human Factors, Investigation and Evidence At-Scene Mapping. Slow and High Velocity Collisions, Crush and Damage Analyses, Drag Factor, Skid Analyses, PDOF, ΔV, Closing Velocity, Conservation Linear and Angular Momentum, Conservation of Mechanical Energy, Crush Damage Analyses, Crush Energy, Critical Velocity and Circular Motion, Dynamic Weight, Crashes involving cars and pickup trucks, Pedestrian Crash Reconstruction, Shift, Falls, Flips ,Vaults, Rollovers, Lamp Filament Analyses, Honda Airbag Operation and Failure Analyses, Motorcycle Inspections, Motorcycle Standards of Care,Motorcycle Crash Testing, Motorcycle Braking and Skid Testing, Motorcycle Suspension and Handling Testing.

Motorcycle Product Defect and Failure Analyses; Handling Issues, Frame design, Handlebar Design and Mounting, Frontend Design Rake and Trail, Wobbling, Brakes, Engines and Drivetrains, Tires and Rims, Seating, Foot Peg/Running Board Placement, Rider/Passenger Ergonomics.

All-Terrain Vehicle (ATV) Product Defect and Failure Analyses.
ATV crash reconstruction.

Investigation and Evidence At-Scene Mapping.
ATV crash reconstruction.
Human Factors.
Product Defect and Failure Analyses.
State by state ATV Laws and Requirements.
Specialty Vehicle Institute of America SVIA/ANSI Standards.
Recreational Off-Highway Vehicle Association (ROHVA) Standards.
Consumer Product Safety Commission (CPSC) Annual Reports of ATV-Related Deaths and Injuries.
CPSC Consent Decree Involving the Manufactures of ATVs.
Major Steps for ATV Certification and Compliance.
16 CFR Part 1420 Regulations for ATVs.

Who are our clients?

We work with law firms, public defenders and insurance companies on civil plaintiff, civil defendant, criminal and insurance claimant cases.

How can you contact The Kilpatrick Group, PA?

We are headquartered in Jamestown North Carolina. You can contact us at 336-841-6354 to discuss you case with us. Visit our two websites at www.kilpatrickforensics.com (For Motor Vehicle Crash Reconstruction)
www.industrialaccidents.expert (For Industrial Accident Reconstruction)


Areas of Expertise
  • Accident Investigation
  • Accident Reconstruction
  • All Terrain Vehicles (ATV)
  • Amusement Parks
  • Automobile Mechanical & Body Repair
  • Automotive
  • Automotive Engineering
  • Bicycle
  • Black Box/Data Recorder
  • Bus & Truck Safety/Accident
  • Child Safety
  • Construction Safety
  • Consumer Products
  • Conveyors
  • Cranes
  • Demonstrative Evidence/Exhibits
  • Design Engineering
  • Driver Behavior
  • Equipment & Machinery
  • Ergonomics
  • Evidence Analysis & Preservation
  • Failure Analysis
  • Fatigue
  • Fitness Equipment
  • Food Processing Engineering
  • Forensic Engineering
  • Forklifts
  • Hazardous Materials
  • Helmets
  • Human Factors
  • Hydraulic Engineering
  • Industrial Engineering
  • Labels & Warnings
  • Ladders & Scaffolds
  • Latches & Fasteners
  • Lifts
  • Machine Guarding
  • Mathematical Sciences
  • Mechanical Engineering
  • Motorcycles
  • Occupational Medicine
  • OSHA
  • Packaging
  • Personal Injury
  • Photogrammetry
  • Photography
  • Physics
  • Pipelines
  • Power Tools
  • Products Liability
  • Professional Engineering
  • Robotics
  • Safety
  • Safety Engineering
  • Safety Equipment
  • Seat Belts & Air Bags
  • Snowmobiles
  • Storage
  • Structural Engineering
  • Thermal Engineering
  • Tractors
  • TurboMachinery
  • UTV (Utility Vehicles, Side by Sides)
  • Vibration Analysis
  • Video
  • Visibility
  • Walking & Working Surfaces
  • Wrongful Death

Expert Background
Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: Bachelor of Science Degree in Mechanical Design Engineering from North Carolina State University.

Licensed Professional Engineer in NC, SC, WV, VA, GA, FL, TN, LA, MS, NJ, Washington-DC and MD. For any other state that I'm not licensed in, I can apply for and obtain a temporary permit or a permanent license for engineering work.
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: National Society of Professional Engineers (NSPE).
Professional Engineers of North Carolina (PENC).
National Academy of Forensic Engineers (NAFE).
American Society of Mechanical Engineers (ASME).
Society of Automotive Engineers (SAE).
National Association for Professional Accident Reconstruction Specialist (NAPARS).
International Association of Amusement Parks and Attractions (IAAPA).
North Carolina Truckers Association.
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: Teaching Experience:
Taught Mathematics for Koyo Coporation for personnel applying for permanent employement for screening purposes.

Speaking Experience:
•Mathematics Teacher For Koyo Corporation (1996-1997)
Taught basic math to potential hourly employees for the purposes of screening for future employment. Created math text and testing materials for classroom use.
•Society of Manufacturing Engineers – Subject Forensic Engineering (2004).
•Professional Engineers of North Carolina – Subject Forensic Engineering (2007, 2008, 2014, 2017).
•Raleigh-Wake County Paralegal Association – Subject Forensic Engineering (2007).
•Guilford County Paralegal Association – Subject Forensic Engineering (2007).
•Casualty Insurance Adjusters Various Chapters – Subject Forensic Engineering (2007).
•North Carolina Paralegal Association – Subject Forensic Engineering (2008).
•Local Middle Schools – National Engineer’s Week – Subject Engineering Profession (05-09).
•North Carolina State University ASME Student Section. Subject Forensic Engineering (2009).
•Piedmont Community College – Subject Forensic Engineering (2009).
•National Engineer’s Week – Subject Careers in Engineering and What Engineers Do (04-09).
•Professional Engineers of North Carolina – Subject NASA’s Saturn V Moon Rocket (2010).
•IADA Conference – Vehicle Crash Data Retrieval and Traffic Accident Reconstruction (2011).
•National Academy of Forensic Engineers – ATV Accidents (2012, 2014).
•Professional Engineers of North Carolina – Motor Vehicle Crash Reconstruction (2017).
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: 200+ to date.
Q: For what area(s) of expertise have you been retained as an expert?
A: INDUSTRIAL ACCIDENTS RECONSTRUCTION PRODUCT DEFECT AND FAILURE ANALYSES

OSHA REGULATIONS (OSHA CERTIFIED)

FORKLIFT ACCIDENT RECONSTRUCTION AND PRODUCT DEFECT AND FAILURE ANALYSES

CRANE ACCIDENTS RECONSTRUCTION AND PRODUCT DEFECT AND FAILURE ANALYSES

AMUSEMENT PARK RIDE ACCIDENTS PRODUCT DEFECT AND FAILURE ANALYSES

MOTOR VEHICLE CRASH RECONSTRUCTION AND PRODUCT DEFECT AND FAILURE ANALYSES

MOTORCYCLE CRASH RECONSTRUCTION AND PRODUCT DEFECT AND FAILURE ANALYSES

ALL-TERRAIN VEHICLE (ATV) CRASH RECONSTRUCTION AND PRODUCT DEFECT AND FAILURE ANALYSES

Q: In what percentage of your cases were you retained by the plaintiff?
A: 65 Percent
Q: In what percentage of your cases were you retained by the defendant?
A: 35 Percent Defendant.
Also retained for Criminal Defense Cases.
Also retained for Insurance Claims.
Q: On how many occasions have you had your deposition taken?
A: 28 depositions to date.
Q: When was the last time you had your deposition taken?
A: November 22 2019
Q: On how many occasions have you been qualified by a court to give expert testimony?
A: 50 times to date.
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: 4 times at trial.
28 times in deposition.
Q: For how many years have you worked with the legal industry as an expert?
A: 17+ years to date.
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: DIVISION I SERVICES: INDUSTRIAL ACCIDENTS RECONSTRUCTION
PRODUCT DEFECT AND FAILURE ANALYSES
OSHA REGULATIONS - I AM OSHA CERTIFIED

DIVISION II SERVICES: FORKLIFT ACCIDENT RECONSTRUCTION AND PRODUCT DEFECT AND FAILURE ANALYSES

DIVISION III SERVICES: CRANE ACCIDENTS RECONSTRUCTION AND PRODUCT DEFECT AND FAILURE ANALYSES

DIVISION IV SERVICES: AMUSEMENT PARK RIDE ACCIDENTS RECONSTRUCTION AND PRODUCT DEFECT AND FAILURE ANALYSES

DIVISION V SERVICES: MOTOR VEHICLE CRASH RECONSTRUCTION AND PRODUCT DEFECT AND FAILURE ANALYSES

DIVISION VI SERVICES: MOTORCYCLE AND ALL-TERRAIN VEHICLE (ATV) CRASH RECONSTRUCTION AND PRODUCT DEFECT AND FAILURE ANALYSES

Q: What is your hourly rate to consult with an attorney?
A: $200/hr
Q: What is your hourly rate to review documents?
A: $200/hr
Q: What is your hourly rate to provide deposition testimony?
A: $250/hr
Q: What is your hourly rate to provide testimony at trial?
A: $250/hr
Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: I require reimbursement for all expenses including but not limited to travel mileage, auto fuel for rental vehicles, document copy fees, the purchase of standards and manuals for research purposes, auto mechanical services such as component disassembly and reassembly at a garage or dealership, lab testing, airfare, motel, meals and rental vehicles etc.


References

Starnes Law Office
Attorney Rob Starnes
131 Cleveland Street, Suite 102
Gate City, VA
Phone: 276-690-6318

Martin & Jones
Attorney Forest Horne
410 Glenwood Avenue
Raleigh, NC
Phone 919-821-0005

Cipriani & Werner
Attorney Flynn Altmeyer
1144 Market Street, Suite 300
Wheeling, WV
Phone 304-232-3600

Powell Law Group
Attorney Wayne Powell
14407 Justice Road
Midlothian, VA
Phone 804-794-4030