Plaintiff’s Voluntary Dismissal – Wind Damage Lawsuit Dropped

General News

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).

Customer Testimonials

My client’s beachfront home was damaged by winds and flood waters resulting from a hurricane. My client’s homeowners’ insurance company paid a pittance for the wind damage while claiming that all the remaining damage was from the flood waters home. I hired Howard as an expert witness to help me explain to the jury the wind speeds that impacted the home, when the wind damaged the home, how long the wind was battering the home, and also explain how the flood waters didn’t arrive until after the home was already damaged by the wind. Howard was one of the best witnesses I’ve put on the stand in my 33 years of practice. He explained everything to the jury in simple and understandable terms, helping me prove the home was total loss from wind damage. His demeanor, cadence, intonation and professorial approach with the jury was simply superb. I would hire him again in a heartbeat.

Mark Nation

Trial Attorney

As the challenge of getting insurance claims properly paid becomes increasingly difficult, it is really great to have in our tool kit, a meteorologist that understands what kinds of information and details we need. We have utilized Forensic Weather Consultants meteorological services on several cases that require site specific weather data and find that our claims are treated more seriously not only by the adjusters but also the experts that insurance companies increasingly rely upon.

E.V.P.

Howard, Your work on this case was indeed instrumental in obtaining a favorable settlement for my clients after our long seven year legal battle that took us up to the Court of Appeals. Your excellent research, analysis and comprehensive report were most helpful in the formation of my legal theories of liability. Having you present in the courthouse today, prepared and ready to take the witness stand, was certainly a factor in reaching a settlement. I will recommend you highly to fellow trial lawyers , both my bretheran plaintiff's attorneys and my friends in the defense bar, without hesitation.

Michael S.

Trial Attorney

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