Plaintiff’s Voluntary Dismissal – Wind Damage Lawsuit Dropped

Forensic Weather Consultants is pleased to announce that a complex wind-created opening claim that has been in suit for the past 5 years was voluntarily dismissed by the Plaintiff.  Forensic Weather Consultants was retained on behalf of a defendant insurance carrier in Florida and demonstrated through reliable weather data and sound, scientific analyses that the weather and wind conditions that the Plaintiff’s engineer contended had occurred were in fact inaccurate and incorrect.  Forensic Weather Consultants prepared a Rule-26 expert report, a rebuttal report of the plaintiff’s engineer, an affidavit showing why the plaintiff’s engineers’ findings were incorrect and how they inaccurately concluded that a tornado and high winds moved over the property.

According to Howard Altschule, CEO and Certified Consulting Meteorologist of Forensic Weather Consultants, “using Doppler radar imagery zoomed in over the incident location, storm reports and a confirmed tornado storm survey track, we were able to prove that strong winds let alone a tornado did not occur at the property.”  The plaintiff’s engineer opined that a confirmed tornado occurred but our careful analysis and a review of the engineering report that they provided showed that the tornado’s actual width was so small that it could not have have affected the property several miles away.  That would imply that the tornado was around 3 miles wide in Florida.  Doppler radar velocity images also showed that the strong wind circulation came nowhere near the property.

A successful Daubert Challenge of the engineer was filed by the insurance carrier and confirmed by the court.  The case was ultimately voluntarily dismissed.

(Note:  The Courthouse photo does not necessarily mean this was a Monroe County case).