1 R E S U M E O F H O W A R D K U H N S PROFESSIONAL ELECTRICAL ENGINEER PERSONAL DATA Name: Howard H. Kuhns Address: Kuhns Engineering Corporation 825 Parkway Street - Suite 13 Jupiter, Florida Telephone: (561) Fax: (561) Licenses: Florida Professional Engineer Georgia Professional Engineer South Carolina Professional Engineer Education: Master of Science, Engineering Management, University of Alaska Bachelor of Science, Electrical Engineering, University of Alaska Experience: May '81 to Present Kuhns Engineering Corporation Position: President Founded Kuhns Engineering Corporation in 1981 to design electrical power systems for industrial, commercial, residential, public works and institutional buildings. Qualified Legal Expert Witness in matters involving: Lighting Analysis, Electrical Shock Analysis, Electrical Fire Causation, Accident Investigations, Lightning Damage and Injury, Construction Disputes and Arbitration. Authored the Florida Model Energy Code for Building Construction, Edition 3, which mandates energy conservation measures incorporated in all buildings constructed in the State of Florida. Consultant to the State of Florida Public Service Commission on Residential Energy Consumption.
2 March '76 to May '81 Brabham, Kuhns & DeBay, Inc. Position: President Founded the BKD engineering corporation. Organized and capitalized engineering consulting group with $1 million dollar annual gross fees, staff of 12 professional engineers and 15 support employees. Developed policies, promoted projects and supervised engineering for $700 million dollars of building projects consisting of public works, industrial, commercial, institutional and residential buildings located all over Florida. August '74 to March '76 Howard Kuhns, Inc. Position: President Developed engineering firm. Performed engineering for $100 million dollars worth of buildings of various types. June '72 to August '74 Powell-Edge Architects & Engineers Position: Chief Engineer Managed engineering for $40 million dollars in hospitals. February '70 to June '72 Gee & Jenson, Engineers Position: Staff Electrical Engineer Held staff position as chief electrical engineer during design of Walt Disney World and numerous public works projects. March '65 to February '70 RCA Position: Facilities Engineer Facilities engineer for the Atlantic Undersea Test and Evaluation Center for seven (7) sites on Andros Island, Bahamas. Facilities engineer for the Ballistic Missile Early Warning System at Clear Alaska. Responsible for operations, maintenance and construction of electrical plant. October '61 to September '64 U.S. Army Corps of Engineers Army Aviator Attended EOOC course at Ft. Belvoir, Virginia. Attended flight course at Ft. Rucker, Alabama. Stationed with 82nd Airborne Division at Ft. Bragg, North Carolina.
3 AREAS OF LEGAL EXPERTISE: Lighting Analysis Expert witness and investigation of cases involving the adequacy or inadequacy of lighting. These cases have involved personal injury and damage to property. Electrical Shock Analysis Expert witness in electrical shock analysis. Investigations involving injury or death. Electrical Fire Causation Expert Witness and investigation of fires to determine causes by electrical means. Accident Investigations Expert witness and electrical investigator in determination of electrical contributions to accidents involving automobiles, building construction, appliances, furniture, boats, electrical powerlines, etc. Lightning Damage and Injury Lightning damage to buildings and injuries to humans. Construction Disputes Electrical Design Engineer with over 30 years experience in designing high rise condominiums, large office complexes, complicated hospitals and nursing homes, prisons, jails and hotels ranging up to $30 Million. Expert with an understanding of standard practices and requirements of electrical codes.
4 K U H N S L I S T O F L E G A L C A S E S 2011 Gideon vs American Oak Client: Marshall, Dennahey, Warner, Coleman & Goggin Attorney: Ryan D. Burns, Esq. Venue: Broward County Services Provided: A murder took place on September 22, 2007 in the American Oak parking lot in the City of Sunrise. I investigated the parking lot lighting and prepared a verbal report on the adequacy Jacinda Eads Fire Client: The Gamot Law Firm, Palm Beach Gardens, FL Attorney: Albert J. Gamot, Jr. Eads Venue: Broward County Services Provided: A fire took place at the Eads residence at 2461 NW 63 rd Avenue, Sunrise, FL. I participated in a joint investigation to determine the cause of the fire, which was attributed to faulty wiring Jupiter Ocean Grande Condominiums vs. O'Connor & Taylor, Inc. Client: Gaunt, Pratt, Radford, Methe & Rockenbach, PA Attorney: Kent S. Pratt Venue: Palm Beach County (15 th Judicial Court) Services Provided: Investigated claims and testified at deposition regarding alleged code violations and substandard construction Gemple vs Sargent Electric Client: Mintzer Sarowitz Zeris Ledva & Meyers Attorney: Addison Meyers, Esq. Venue Palm Beach County Services Provided: Performed investigation and testified at deposition regarding the electrocution of Mr. Gemple, electrician Layer vs Boca Teeca Condominium Client: Baker & Zimmerman, PA Attorney: Patrick Lawlor, Esq. Layer Venue: 15 th Judicial Circuit Court in Palm Beach County Services Provided: Performed investigation and testified at deposition regarding the circumstances surrounding a sever shock received by Layer when he turned on tennis court lights at Boca Teeca Vennie Injury Client: Abramowitz & Pomerantz, PA Attorney: Kevin Smith, Esq. Represented: Possible Plaintiff
5 Services Provided: Investigated scene of accident involving burns to a child who pulled a fryer off counter Lyons vs. Sparkle Plenty Client: Thomas Lyons Attorney: Littman, Sherlock and Heims, PA Jurisdiction: Martin County Zoning Authority Services Rendered: Measured light spill onto Lyons property from carwash property Butler vs. Battle Creek Client: Mitchell L. Wyle Esq. Attorney: Mitchell L. Wyle Esq. Services Rendered: Analysis of a heating pad as related to injuries sustained by Mr. Butler Majdowski Matter Client: Richard Majdowski Attorney: Earl K. Mallory. Esq. Jurisdiction: Broward County Central Examining Board Services Rendered: Provided engineering analysis to assist Mr. Majdowski in Administrative Hearing regarding his contractor s license Roman vs. Flamingo Pools Client: Bush & Donlon, PA Attorney: George Bush, Esq. Outcome: Prepared analysis of circumstances surrounding the electrocution of Mr. Robert Dillon who was drilling a hole in a swimming pool in Port St. Lucie in Sovran vs. Boca Raton Community Hospital Client: Plaintiff: Ricci, Hubbard, Leopold & Frankel Attorney: Scott C. Murray Outcome: The matter settled before depositions or report. Claim: Lucia Sovran fell in the Hospital parking lot and was injured. Plaintiff claimed insufficient lighting Pajon vs. Marie Client: Green and Ackerman P.A. Attorney: Jay Green, Esq. Court: 17th Judicial Court in and for Broward County, Florida Outcome: Case pending trial Mr. Pajon allegedly received a gun-shot wound at night at a convenience store owned by Marie. Investigated lighting and provided deposition.
6 Farina vs. Broward County Client: Cohen and Cohen P.A. Attorney: Fred Boruchov, Esq. Court: 17th Judicial Court in and for Broward County, Florida Outcome: Case pending trial Mr. Farina, an electrical contractor, entered a switchboard to make modifications and was injured in a subsequent explosion. Performed an investigation, prepared a report Riviera Beach Refuse Truck Fire Client: Gallagher, Bassett Services Inc. Represented: Design 4 Engineering Inc. Performed an investigation relating to a 1989 Peterbuilt truck that caught fire Silva vs. FPL Client: Angones, Hunter, McClure, Lynch and Williams Attorney: C. David Durkee, Esq. Mrs. Silva was alledgedly injured when she ran from her home as a result of the meter exploding. Prepared a report Peraza Accidemt Client: Wolpe, Leibowitz and Brotman Attorney: Mark A. Leibowitz, Esq. Represented: Peraza Mr. Peraza, a painter, was shocked when he came in contact with a 7,600 volt power line. Investigated circumstances surrounding the accident Cincinnati Insurance vs. Atlantic Fire and Bob Lee Electric Client: Hardt & Stewart, P.A. Attorney: Frederick R. Hardt, Esq. Court: 20th Judicial Circuit in and for Lee County, Florida A furniture store in Naples was flooded when a fire pump turned on and a leak developed. Prepared a report Simmons vs. Coca Cola Client: Krupnick, Campbell, Malone & Roscelli, P.A. Attorney: Laureen Creizinger, Esq. Court: 17th Judicial Circuit in and for Broward County, Florida Mr. Simmons, an electrician, was working on a panelboard at a bottling plant in Hollywood. An electrical explosion took his life. Developed a detailed explanation of the actions leading up to the explosion Reeves vs. Foremost Client: Lytal & Reiter Attorney: Mark W. Clark, Esq.
7 Court: 19th Judicial Circuit in and for St. Lucie County, Florida Mr. Reeves claimed he received an electrical shock when cleaning a supermarket freezer. Investigated and reported on cause Martinez vs. Visi, et al Client: Weaver, Kuvin & Weaver, P.A. Attorney: Ben J. Weaver, Esq. Court: 17th Judicial Circuit in and for Broward County, Florida On a construction site in Boca Raton, Florida, Mr. Martinez fell from a scaffold when allegedly shocked by a screw gun. Performed an investigation Rooks vs. Mazzola Client: Bruce Chaimowitz, Esq. Attorney: Green, Haverman & Ackerman, P.A. Court: 17th Judicial Court for Broward County, Florida Outcome: Case settled without trial with award to plaintiff. In 1989, Mr. Rooks attended a party at the Mazzola Residence. A children's plastic slide was placed on the lawn. Mr. Rooks jumped onto the slide and suffered a broken neck. Subsequently, Mr. Rooks sued the Mazzolas' for injuries sustained, claiming inadequate lighting prevented him from reading the warning against use by adults which was printed on the slide. Gave deposition Calabria vs. Diplomat Hotel Client: Searcy, Denney, Scarola, Barnhart & Shipley, P.A. Attorney: Earl L. Denney, Esq. Court: 17th Judicial Court for Broward County, Florida Outcome: Gave deposition. Ms. Calabria visited the Diplomat Hotel. Upon retiring to her room, she pushed a switch on a light fixture and the fixture allegedly fell off the wall, injuring Ms. Calabria Bridgewater Condominium Association Client: Bridgewater Condominium Association Architect: Harry Guilford Morris, AIA Outcome: This report was used to negotiate with the developer who was retiring from the project. The Bridgewater Condominium Association retained the services of the architect, Mr. Morris, and engineers to develop a report listing all defects and code violations which could be found in condominium units Paul vs. Riverside Manor Client: Green, Haverman & Ackerman, P.A. Attorney: Jorge L. Maxion, Esq. Outcome: The matter is unresolved at this time. A five year-old boy obtained access to the Riverside Manor swimming pool and drowned. A lighting study was performed to determine the adequacy of lighting in the vicinity of the pool.
8 1991 Thorn vs. Rooney Client: American Arbitration Association Thorn Automated Systems, Inc. was a subcontractor to F. J. Rooney, Inc. to build the Martin County Jail. Thorn subcontracted to provide certain electronics for the facility Trails at Meadow Lakes Client: Aetna Insurance Company Attorney: Conroy, Simberg & Lewis, P.A. Attorney Name: Sharon A. Shade, Esq. Outcome: Pre-litigation investigation Two young women in their 20's resided in an apartment at Meadow Lakes. A fire ensued one night and both were killed. Electrical factors were investigated Bethesda Wellness Center vs. WPI Florida, Inc., etc., et al Client: Jones, Foster, Johnson & Stubbs, P.A. Attorney: Allen R. Tomlinson, Esq. Court: 15th Circuit Court for Palm Beach County Outcome: For electrical work, the case was settled fully in favor of plaintiff. The Bethesda Wellness Center became a tenant of the Boynton Trail Shopping Centre. Boynton Trail claimed that Bethesda constructed their electrical service improperly and used more than their fair share of electrical services. Boynton Trail claimed approximately $12,000 to rebuild the service, plus damages, because additional tenants could not be brought into the building. An engineering analysis determined that Bethesda had not used more than their fair share of the services Current Enterprises, Inc. vs. United States Fidelity & Guarantee Company Client: Ponzoli, Wassenberg & Sperkacz, P.A. Attorney: Ronald P. Ponzoli, Esq. Court: U.S. District Court for South Florida, Miami, Florida Testified in court that three (3) radios were not the cause of a fire Palm Beach Atlantic College Transformer Damage Investigated damage to 13KV transformer due to high voltage surge Savannas Condominium vs. Collins Wedgwood Corp. et al Client: Reid, Ricca & Rigell, P.A. Attorney: Timothy Newhall, Esq. Court: 19th Circuit Court of Martin County, Judge Makemson Outcome: Favorable outcome for defendant. Savannas claimed $159,000 to correct electrical defects resulting from construction of 115 condominium apartments between 1983 and Defendant initially agreed to settle for $14,900. The case went to trial and the court awarded $14, Poe vs. Florida Power & Light
9 Researched codes, FP&L standards regarding electrical shock injury to Poe Knox/Reslink Electrical Shock /American International Adjustment Company Investigated circumstances surrounding electrical shock injuries to linemen Charles Knox and Gordon Reslink as a result of contact with high voltage FP&L lines. High voltage was induced by magnetic coupling between active power line and inactive power line Travelodge Switch Failure /General Adjustment Bureau Investigated destructive failure of main switch Leighton Electric Shock Investigated accident when lineman David Leighton came in contact with high voltage lines and was injured at MacDill Air Force Base Kane vs. Guardian Alarm Systems Client: Broad & Cassell, Attorneys at Law Attorney: Jeffrey L. Gordon, Esq. Court: 19th Judicial Court for St. Lucie County, Florida Outcome: Case settled without a trial. Both parties agreed not to publish the amount. Investigated accident involving injury from lightning purported to have come into building via alarm system Barrett Boat Fire /Wellcraft Boat Investigated electrical aspects of boat fire caused by spontaneous combustion from oily rags Prime Time Boat Fire Investigated boat fire at Bradford Marina in Ft. Lauderdale Ruby Saunders Fire Investigated scene of residential fire which was caused by a faulty switch in an electrical heater Black Pearl Yacht Fire Investigated electrical work in fire on Black Pearl Yacht Mast Properties Bus Duct Damage Investigated damage to electrical system bus duct caused by water impingement. Water entered duct housing in the form of steam from the kitchen Dr. Blanco Office Fire
10 /Maryland Casualty Insurance Company Investigated electrical aspects of fire in doctors office Brewer vs. Phonemate Investigated telephone answering machine as possible cause of residential fire Cooper Electric Shock Investigated scene of accident in which nursery worker Jimmy Cooper came in contact with high voltage FP&L line and received severe injuries, when a tree being moved came in contact with HV power line Holiday Inn Miami Lightning Damage /General Adjustment Bureau Investigated extensive damage ($178,000) by lightning to the electrical distribution system of a high rise hotel Lighthouse Cove Condominium Lightning Damage /Southern Fire Adjusters Investigated damage by lightning to telephone, TV and fire alarm systems Body Shop Telephone System Damage /General Adjustment Bureau Investigated damage to telephone system. Traced to high voltage neon light circuit in close proximity to telephone line which had arced across between cables, placing 15,000 volts on telephone gear HBE vs. Davis Client: Jones & Foster, Attorneys at Law Attorney: Kevin C. Beuttenmuller, Esq. Court: 15th Judicial Court for Palm Beach County, Florida Outcome: Settled by arbitration with $75,000 in favor of defendant. Expert witness in case involving non-payment for construction of the Bank of South Palm Beaches in Lantana. Defendant claimed inferior construction. Gave deposition and presented case in arbitration Abney vs. Wilcox Attorney: Robert Kennedy, Esq. Investigated to determine if residence fire could have been caused by plugging in power tools on long extension cord. Settled with no deposition JP Plastics Fire Detailed investigation of electrical systems in large industrial building (approximately $1,000,000
11 damage). Fire Marshal attributed origin to electrical work of unspecified location. Our investigation eliminated the possibility of electrical cause and indicated arson Steel Fabricators Lightning Damage /Maryland Casualty Insurance Investigated lightning damage to computer systems for steel fabricating plant. Lightning caused large electrical current through the soil in the vicinity of underground computer cables. Large voltages were induced on cables, causing $48,000 damage to computers Best Western Sand and Sage Motel Lightning Damage Investigated lightning damage to telephone system. Lightning entered via magnetic coupling with roof top conduits as a result of a bolt of lighting conducted through a sheet of water on the roof Munder vs. Florida Power & Light Client: Feuer, Lustig & Schillinger, Attorneys at Law Attorney: Lee H. Schillinger, Esq. Court: Public Service Commission Outcome: Case settled prior to PSC hearing in favor of defendant. FP&L reduced settlement to $12,000. Expert witness for Mr. Arturo Munder in a case involving claim by FP&L for $44,000 in back charges for electricity. Gave deposition Sunrise Hospital Switchboard Explosion Client: St. Paul Fire & Marine Insurance Company Investigated cause of explosion resulting from a high-current short circuit in the main switchboard. Investigation indicated that a maintenance man started a chain reaction explosion, when a screwdriver was dropped into the main switchboard. Personal injury involved. No litigation INA vs. American Stair Glide Corp., etc. Court: 17th Judicial Court for Broward County, Florida Outcome: Case went to trial with decision in favor of defendant. Investigated cause of a fire which took the life of Mr. John Boyd. Investigation indicated that the cause of fire was an electrically operated chair. Witness at trial Denoi vs. City of West Palm Beach Client: Neill, Griffen, Jeffries & Lloyd, Attorneys at Law Attorney: Harold Melville, Esq. Court: 15th Judicial Circuit Court Palm Beach County, Florida Outcome: Statute of limitations ran out. Case did not go to trial. Expert witness in a case involving a home fire which took the life of Donald Denoi. Leaking gas saturated earth and was forced into the house by rain. Gave deposition Abrams Stove Fire
12 Mr. Abrams, age 70, fried a pan of hamburgers on his electric stove. When he was finished he thought he had turned the burner to the off position. One hour later his mobile home was destroyed by fire. A previous investigation indicated arson. However, our investigation indicated that Mr. Abrams' mother had cleaned the stove burners the previous day and placed new aluminum foil under the burners. A small tongue of aluminum foil found its way between the contacts on the burners. When Mr. Abrams turned the burner on, the foil burned itself away. This caused the switch to freeze in the high heat position. As a result of our report, Mr. Abrams was fully reimbursed for damages to his home in the amount of $27, Freeman Dryer Fire Prepared report explaining electrical sequence of events in dryer which caused fire in Freeman residence Upthegrove vs. Holiday Inn Client: McKeown & Gamot, Attorneys at Law Outcome: Case was settled in favor of plaintiff for $34,000. Expert witness for Ms. Upthegrove, who suffered eye injury due to falling glass from broken light fixture Russell vs. Boho Client: Stuart Young, Esq. Attorney: Stuart Young, Esq. Expert witness for Boho, owner of Frenchies Pub. Russell fell and was injured when leaving the pub. Russell claimed inadequate lighting. Prepared lighting report. Gave deposition Fisher Fire Client: Dependable Insurance Company Attorney: None Court: None Outcome: Fisher family received full payment from Dependable Insurance. Prepared engineering report describing cause of fire to be the improper installation of the electric heater/air conditioner Parliament Report Client: The Parliament Company, Owner Attorney: None Court: None Outcome: Case was not litigated. Client claimed inferior electrical work on the 10 story Parliament Tower and adjoining villas. Prepared detailed report Electrical Repair Service vs. Akers Away Client: Electrical Repair Service Attorney: Douglas Girvin, Esq. Court: 15th Judicial Circuit of Palm Beach County, Florida, Judge Kapner
13 Outcome: Court's decision was in favor of plaintiff for full amount requested. Expert witness in case involving non-payment for repairs made by ERS to pump system at Akers Away trailer court Hathaway vs. Florida Power & Light Co. Client: Gunster, Yoakley, Criser & Stewart, P.A. Outcome: Case did not go to trial. Out of court settlement in favor of plaintiff. Expert witness for Hathaway, who was injured in auto collision with FP&L power pole. Gave deposition Research Report. Wrote a research report of the State of Florida Public Service Commission entitled "Technical Report on Residential Energy Consumption and Peak demand Caused by Three Major Systems -- Central Air Conditioning, Heating and Water Heating". This report formed the basis for cost-effectiveness studies used for public hearings conducted during 1981 and Pinder vs. Skillcraft Electrocution Client: Richard Slawson Attorney: Richard Slawson, Esq. Court: 15th Circuit Court for Palm Beach County, Florida Outcome: Case went to trial. Favorable award for plaintiff. The Pinder family took a vacation with their recreational vehicle which was manufactured by Skillcraft. A light fixture in the RV malfunctioned causing an electrical connection to ground. The 2 year-old Pinder child touched the metal on the RV with his feet on the ground and was electrocuted. The grounding in the RV was found to be deficient.