Since inception in 1993, Douglas B. Chisholm Associates, Inc. has participated in hundreds of product liability causes. Our clients in the legal arena depend on our capabilities to assist them in defining issues ranging from manufacturing and design defects to codes compliance. We have been involved in a wide variety of failure analysis cases ranging from automotive (including off-road vehicles) components to aircraft and pipelines, valves, fasteners (including bolts), welds and industrial machinery as well as highway structures including guardrails, light and sign posts and bridges. We strive to continue our success in these areas of expertise.
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Pipeline and Pressure Vessels:
Exxon v. McAllister Shipping
Allegations of an ocean-going tugboat gouge and dent of the Exxon Inter-refinery (IRPL) pipeline were shown to be impossible, if for no other reason than the observation that the suspect tugboat, the Martha McAllister drew 14' of water and the IRPL was laid in 4' of water, 4' below the bed of the Arthur Kill. Detailed metallurgical and forensic analysis showed that no part of the tugboat could have dented the subject pipeline which subsequently failed by fatigue, discharging 567,000 gallons of diesel oil into the Arthur Kill on New Year's night in 1990.
Trial exhibits prepared by Chisholm Associates effectively demonstrated that the alleged point of contact between the tug and pipeline had no matching profiles.
The defendant avoided a 130 million dollar claim and was awarded costs.
Seymore v. Sun Company
A failure analysis, conducted by Chisholm Associates, of an 8" products (gasoline) pipeline revealed that a previously run pipeline inspection pig actually showed wall loss due to gouging and denting that, properly evaluated and graded, would have triggered a dig-up and repair and the avoidance of a large product spill.
This case settled at trial under favorable terms to the plaintiff.
Hessel v. Laclede Gas Co.
A gas leak in a copper service line inserted in an abandoned steel service line resulted in an explosion and fire and severe burn injuries. The issue, revealed by Chisholm Associates, was the underground contact between dissimilar metals creating a galvanic corrosion cell. Soil settlement focused bending loads on the buried copper insert resulting in a gas leak located under the drip line of the roof. Gas migrated along the service line into the basement where it ignited, causing an explosion, fire and severe burn injuries to the plaintiff.
This case settled at trial under highly favorable terms.
Northwest Public Service Gas Co. v. Union Carbide
Improper tapping tee design and installation resulted in a gas leak, migration, and explosion and fire. At issue were claims that the PE resin materials were defective. Such claims were shown to be without merit in the wake of design/installation flaws.
Jacobs v. Washington Gas Light Co.
Improper crossing of electrical service and gas service lines resulted in ground fault arcing and melting of the adjacent gas service line. The ensuing leak allowed gas to migrate into the residence served by gas and electricity and caused an explosion, fire, injuries and death to one occupant.
This case settled pre-trial under favorable terms.
Zazzera v. Pittsburgh Gas Energy (PGE)
An improperly installed compression coupling on a 6" diameter polyethylene gas main resulted in a gas leak with migration into a building with a subsequent fire and burn injuries. Laboratory pull-out tests on the subject coupling verified that the coupling bolts had been inadequately torqued upon installation.
The case was settled pre-trial at highly favorable terms.
Chapman,et al., v. El Paso Energy Corporation
Internal corrosion of a gas transmission pipeline constructed without full-opening valves prevented the use of scraper (cleaning) pigs as well as ultrasonic inspection pigs. As a result of fluids collecting downstream of a drip leg at a low spot in the pipeline, internal corrosion continued until the pipe wall ruptured killing twelve people in the ensuing explosion and fire.
The case settled very favorably pre-trial.
Automotive and Off-Road Vehicles:
Anusciewicz v. Montgomery Ward & Dana Corp.
An improperly torqued lower ball joint led to a loss of control due to failure by fatigue. The vehicle rolled over resulting in sever injuries to the driver.
This case settled at trial.
Huffman v. G.M
Defective seat back frame edge design cut passenger seat belt in frontal collision resulting in serious head/neck injuries.
This case settled pre-trial.
Jackson v. Paccar Inc. d.b.a. Wagner Mining Equipment
Galvanic corrosion of steel brake pedal shaft in an aluminum housing caused pedal seizure and brake failure leading to a fatal accident.
This case settled pre-trial.
Lange v. Yamaha Motor Corp.
A defective chain retention system resulted in lock-up of the rear axle on an ATV causing a loss of control and severe head injuries.
This case settled pre-trial.
McNamara v. Altec Corp.
Defective design of bolted turntable/pedestal joint on a truck-mounted crane resulted in a collapse of the boom with serious back injury to plaintiff.
Extensive forensic and laboratory work by Chisholm Associates highlighted the nature of the design defects and resulted in a favorable pre-trial settlement.
McDaniel v. Freightliner
Defective design of front leaf spring suspension system resulted in fuel tank puncture during an over-correction steering input and collision with a N.J shaped barrier. Resulting fuel spill caused fire and fatal burn injuries to the driver of the truck.
This case settled pre-trial at highly favorable terms, based on a truck suspension model created by Chisholm Associates.
Aircraft Components:
Turley v. G.M (Allison Turbine Div.)
Defective heat treatment on a spur adaptor gearshaft resulted in fatigue and fracture, decoupling compressor from turbine and subsequent helicopter crash with injuries and fatalities.
A successful verdict was reached at trial.
Hammond, et al., v. Valujet Airlines, et al.
Analysis of flight control system on CD-9 with cargo bay fire revealed loss of control of aircraft prior to crash in Everglades, Fl. Laboratory tests revealed cabin ceiling beams deformed when exposed to heat, trapping flight control cables in the process.
Garcia v. Haiti Air Express, et al.
Alleged wear induced failure of planetary gear box gears resulted in aircraft crash. Laboratory exam revealed gears were within specified limits.
A favorable settlement was reached pre-trial.
Highway Safety Components/Structures:
Cason v. Hubbard Construction Co, et al.
Contractor severely overtorqued slip base breakaway sign supports resulting in lock-up and failure to release upon impact by a vehicle which had been run off the road.
This case settled pre-trial.
Bittenbender v. Trinity Industries, Inc., et al.
A manufacturing defect in a guard rail resulted in a brittle (plating induced) fracture during a collision by a Honda Civic at low velocity. The guard rail end speared the Honda causing fatal injuries to the plaintiff.
This matter settled favorably pre-trial following the presentation of an exhibit jointly prepared by Chisholm Associates and A.R.T. Corp., which illustrated the collision in a dynamic 3-D finite element simulation.
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A Complete List of Case Styles per Federal Rule 26 Available Upon Request
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