Litigation Support and Expert Testimony
As a recognized leader in the environmental consulting field, The Payne Firm is often approached by law firms to provide technical support services for litigation involving environmental matters. Many times, our work leads to the need to provide expert testimony in court.
 
The Payne Firm’s work in litigation support and expert testimony is long and varied. We have completed cases ranging from negligence and breach of contract to failure to follow the “Standard of Care.” Technical litigation support sometimes calls for physical sampling, data quality review, interpretation of regulations, and evaluation of remediation recommendations and cost. Our three-dimensional graphics and CAD support group stands ready to provide exhibits that lay people can understand, and our personnel are often called to reiterate their findings in court in a compelling and persuasive manner.

 
Dayton International Airport, Dayton, Ohio
A local citizens group filed suit against the airport authority for environmental damage caused by the improper management and disposal of de-icing chemicals from the airport. The Payne Firm provided technical litigation support to the attorneys for the Airport Authority, included physical sampling of streams, sediment and groundwater. Services also included expert testimony during trial.


Confidential Client - Manufacturing Facility, Granville, Ohio
The Payne Firm provided litigation support and expert testimony as to whether a RCRA facility closure was performed and completed consistent with regulatory guidance. Issues included data quality review, interpretation of both regulations and collected data to determine if conformance to RCRA closure requirements were achieved and the adequacy of the selected closure plan and groundwater remedy. The basis of costs on the project was also included in the review.


Elger v. Household Finance
Current owners of the closed manufacturing facility claimed that there was misrepresentation of the extent of contamination associated with a drum storage area and on-property landfill and underestimation of the cost for closure of these environmental issues under RCRA at the time of the sale of the company. Insufficient funds were made available for the closure of these environmental issues and the current owner was seeking cost recovery. The Payne Firm provided litigation support in reviewing and interpreting environmental documents. Mr. Payne provided expert opinions concerning the extent of contamination and potential closure costs.


Confidential Client – Manufacturing Facility, Knoxville, Tennessee
Petroleum release at a newly constructed truck stop in Knoxville area in karst geologic setting. The Payne Firm provided expert testimony on fate and transport mechanisms as well as opinion on previous consultants' reports, including field records/notes and inventory data review.