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Exercise / Fitness Equipment Expert Witnesses

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Frank J. Smith
President
9974 Scripps Ranch Blvd. #31
San Diego CA 92131
USA
phone: 858-368-9136
fax: 858-368-9049
Frank J. Smith, owner of Elite Fitness Consulting Services, has over approximately 45 years of practical experience in the Fitness and Sport Equipment industries. He is available to testify as an Expert Witness in legal matters relating to Fitness Training, Fitness Equipment and Product Safety. Mr. Smith's clients include Academic Institutions, Insurance Companies, Health Clubs, Corporations and Private Persons. Fit Witness can help you resolve legal difficulties with health clubs and sporting facilities.

Mr. Smith's noted background makes him a qualified, impartial Expert on behalf of both Plaintiff and Defense. He served on the President's Council on Physical Fitness & Sports for 7 years, developing, organizing, implementing and supervising six national symposiums on "Employee Health & Fitness. Mr. Smith was also invited by the White House to give a presentation to 650 medical doctors during the "Fitness in America - The Medical View" symposium.

Areas of Expertise:
  • Fitness & Exercise Accident Reconstruction
  • Fitness & Exercise Equipment
  • Selectorized Equipment
  • Cardio Equipment
  • Sauna's and Steam Rooms
  • Fitness Facility Design
  • Free Weight Equipment
  • Plate Load Equipment
  • Equipment Design
  • Equipment Use
  • Flooring
  • Private Trainers
  • Equipment, Warnings & Facility Signage
  • Fitness Equipment Instruction of Use
  • View Frank Smith's Consulting Profile.
    Frank Smith & Chuck Coker
    [Description Unavailable]
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    Harvey C. Voris
    Principal Owner
    8381 Deepcliff Drive
    Huntington Beach CA 92646
    USA
    phone: 714-350-6160
    Harvey-Voris-Product-Design-Expert-Photo.jpg
    Harvey C. Voris’ entire engineering career has been devoted to the Fitness Industry. He has over 35 years of Fitness Equipment Design experience and has been issued 7 U.S. utility patents.

    Mr. Voris has a Bachelors of Science in Engineering from UCLA with a specialization in Bio Structural Mechanics. His Masters in Engineering is from Cal State Long Beach where he specialized in Fatigue and Failure Analysis. Mr. Voris has spent 21 years devoted to the development and promotion of safety standards for the fitness industry. He has authored numerous standards and has chaired the ASTM committee devoted to fitness standards development since 1995.

    Litigation Support - Mr. Voris provides engineering analysis and accident reconstruction related to consumer and fitness products and facilities. His services are available to attorneys representing both plaintiff and defense. With 35 years of experience, a biomechanics background, and extensive experience in design and product testing, Mr. Voris speaks with authority on the following critical issues:

    Product Liability - Patent Development - Patent Infringement - Facility Risk Management - Standards Compliance

    View Harvey Voris' Consulting Profile.
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    Kent B. Godsted, PE
    Athletics & Recreation Expert Witness
    663 Beechwood Drive
    P.O. Box 938
    Nancy KY 42544
    USA
    phone: 606-875-8600
    Kent B. Godsted has over 24 years experience as Expert Witness in Fitness and Fitness Equipment, Sports and Recreation, Exercise Technique, Weightlifting, Intellectual Property and Mechanical Devices. He has over 45 years working and consulting experience in new product and process planning, research and development. Mr. Godsted has served in 140 cases (109 plaintiff, 31 defense) with 34 depositions and 7 trials.

    Education and Certifications:
  • BSME 1966, MSME 1982 – Illinois Institute of Technology
  • Professional Engineer certification in IL (retired) and KY (retired)
  • 8 U.S. patents
  • Personal training certification 2007 YMCA

    References available upon request.
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    Leonard K. Lucenko, PhD, ASSE, ACFEI, LLC
    Leonard Lucenko
    Director, Safety Education
    PO Box 2625, Bonita Springs, FL 34133 or
    PO Box 70, Lake Ariel, PA 18436
    ALL States
    USA
    phone: 239-992-0119 or 570-698-1161 or 908-797-0848
    fax: 239-992-5548
    Leonard K. Lucenko, PhD, Sport and Recreation Expert, is an Adjunct Professor at Montclair State. A prolific speaker, he has taught undergraduate and graduate courses on Risk Management in Sports and Recreation. He is a certified teacher, coach, athletic director, dean of students and international speaker on sports and recreation safety. Dr. Lucenko has qualified for Testimony and Consultation in 40 State and Federal Courts in Plaintiff and Defense cases.

    Areas of Expertise
  • Aquatics
  • Pool Safety
  • Supervision
  • Equipment
  • Children's Camps
  • Certified Playground Inspector
  • Football
  • Roller Skating
  • Ice Hockey
  • Cheerleading
  • Fitness and Health Clubs
  • Soccer
  • Baseball/Softball
  • Wrestling
  • Golf
  • Physical Education
  • Amusements
  • Waterparks
  • Recreation Facility Safety
  • Coaching, on the youth level such as the Reviving Baseball in the Inner Cities program, (RBI) sponsored by Major League Baseball, is one of the crucial elements in the conduct of safe play in baseball/softball. The coach has a significant impact on risk management and safety and must be educated and convinced to make safety a priority in team management.

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    James M. Miller, PE, PhD
    Founder
    2392 Fuller Court
    Ann Arbor MI 48105
    USA
    phone: 734-662-6822
    fax: 734-747-9712
    Miller-Engineering-Logo.jpg
    The experts at Miller Engineering are Ann Arbor based professional engineers celebrating 30 years of service to University, Government, Insurance, and Industry through research, publications, presentations, and testimony. Miller Engineering has a staff of engineers and experts in the Mechanical, Chemical, Agriculture, Industrial, and Human Factors fields of engineering with specific knowledge in the following areas:

    Vehicles
    • Car/Truck Accident Reconstruction
    • Crash Data Retrieval (CDR)
    • Visibility & Reaction Time Analysis
    • Tires, Trailers, Brakes & Accelerators
    • Truck/Off Road Vehicle Egress/Ingress
    • Traffic Signing and Construction Zones
    Mechanical & Electrical Safety
    • Product Safety & Analysis
    • Machinery - Metal, Wood, Plastic Molding
    • Machine Guarding & Safety, Robots, Automation
    • Hazard and Risk Analysis
    • Employee Safety Procedures – OSHA
    • Electrical Distribution & Transmission Hazards
    Warnings & Instructions
    • Warning Labels & User Manual Design
    • Hazard Analysis & Product Label Designs
    • Medical Device & Drug Warnings & Instructions
    • Inadequate Warnings Analysis
    • Standard Compliance (ANSI Z535)
    • Product Recall Information & Strategies
    Chemicals Safety & Labeling
    • NEW OSHA HAZCOM (2012) & GHS Review
    • MSDS, SDS and Product Label Compliance
    • Toxic Torts - Asbestos, Benzene, Lead, Diacetyl, Carbon Monoxide
    Chemical Exposures & Workplace Safety
    • Chemical Inhalation, Ingestion, Dermal Contact
    • Contamination - Water & Environmental
    • Manufacturing & Process Line Accidents
    • Slips, Trips, Falls & Entanglements
    Fires & Explosions
    • Cause & Origin Investigations
    • Gas, Vapor, & Electrical
    Agriculture
    • Tractor & Equipment Accidents
    • Chemical Applications & Exposures
    • Crop Storage & Harvesting Accidents
    • Pesticides
    Construction
    • Vehicle Visibility Accidents
    • Slip, Trip, & Fall Accidents
    • Power Tool Repetitive & Immediate Injuries
    • Scaffolding - Cranes - Hoisting - Fork Lifts
    Consumers/Household Safety
    • Appliances & Tools
    • Child Furniture, Choking, Playgrounds
    • Swimming Pools & Exercise Equipment
    • Recreation - ATV, Boats, Bicycles, Boards
    • Ladder, Stair, Step and Railing Accidents
    • Slip, Trip, & Fall Accidents
    Insurance Subrogation & Forensics
    • Accident Investigations
    • Electrical & Fire Causation
    • Chemical Leakage Damage
    • Defective Equipment Injuries
    • Premise and Process Damages
    James Miller Mechanical Engineering Expert PhotoJames M. Miller, PE, PhD – Founder

    Dr. Miller is an Emeritus Engineering Professor at the University of Michigan and a registered professional engineer and consultant with over 30 years of experience as an engineering expert witness. He specializes in warnings, labeling and instruction manuals, consumer product design, machine guarding, process safety, fire science, vehicle visibility, tractor egress/ingress, pedestrian and worker slip and fall prevention, COF testing, recreational vehicle safety (boats, ATVs and personal watercraft), compliance with occupational safety and consumer safety standards (OSHA, MSDS, ANSI, ASTM, UL, CPSC).


    Mark Lehto Engineering Expert PhotoMark R. Lehto, PhD – Co-Founder

    Dr. Lehto is a Professor of Engineering at Purdue University. He specializes in knowledge engineering, warnings and instructions, structuring expert systems, accident modeling, accident statistical analysis, consumer product safety, boating safety, in-field national surveys of product usage and product information effectiveness.




    Bradley Cook Mechanical Engineering Expert PhotoBradley T. Cook, PE – Managing Engineer

    Bradley is a registered professional engineer and consultant with extensive experience in accident reconstruction. He specializes in vehicular accident reconstruction and has investigated hundreds of vehicle accidents involving cars, trucks, pedestrians, bicyclists, motorcycles, etc. Bradley also has experience in product safety and hazard analysis; occupational safety and health (OSHA) compliance; pedestrian and worker slip and fall prevention; investigation and reconstruction of industrial and consumer product accidents. He holds a Bachelor of Science in Mechanical Engineering from the University of Michigan and is currently pursuing a Masters of Science in Engineering with a concentration in Biomedical from Purdue University.
    Mark R. Lehto & Steven J. Landry
    Introduction to Human Factors and Ergonomics for Engineers, Second Edition presents and integrates important methods and tools used in the fields of Industrial Engineering, Human Factors and Ergonomics to design and improve jobs, tasks and products. It presents these topics with a practical, applied orientation suitable for engineering undergraduate students.
    Mark R. Lehto, Steven J. Landry & Jim Buck
    Emphasizing customer oriented design and operation, Introduction to Human Factors and Ergonomics for Engineers explores the behavioral, physical, and mathematical foundations of the discipline and how to apply them to improve the human, societal, and economic well being of systems and organizations.
    Mark R. Lehto & James M. Miller
    James M. Miller, Mark R. Lehto & J. Paul Frantz
    James M. Miller, Mark R. Lehto
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    James S. Skinner, PhD
    Professor Emeritus
    88 Gasga Court
    Brevard NC 28712
    USA
    phone: 828-877-6350
    James-Skinner-Kinesiology-Expert-Photo.jpg
    James Skinner, PhD specializes in the field of Exercise Physiology and is a Professor Emeritus, Department of Kinesiology at Indiana University. A former president of the American College of Sports Medicine (ACSM), he is one of five investigators of the HERITAGE Family Study on the role of genetics in the response of cardiovascular disease and diabetes risk factors after training. He received the 2014 ACSM Honor Award, the highest award in his field. In 2011, he received the Doctor Honoris Causa from Semmelweis University in Budapest, Hungary.

    Dr. Skinner is an expert in the areas of Exercise Physiology, Exercise, Fitness, Personal Training, Kinesiology and Sports Medicine. He has investigated the relationships between exercise, training, genetics, and health for over 50 years and has lectured in English, French, German and Spanish about these relationships in 60 countries.

    Dr. Skinner has been an expert witness for plaintiffs and defendants in cases involving:
    • Patent Infringement
    • Injury while Exercising at Health clubs or High School
    • Prisoner Rights to Exercise
    • Safety of Exercise Equipment
    He has given depositions and has written reports for attorneys. Testimony has been limited as cases were usually settled out of court.

    View Dr. Skinner's Consulting Profile.
    Many health clubs and personal trainers test clients to evaluate their fitness, prescribe training programs and evaluate the effects of an exercise program to see if there has been progress. Thus, testing is an important part of their service.

    There are presently no established national standards or laws about qualifications to be a personal trainer. As a result, people who work in health and fitness clubs have a wide variety of educational and professional backgrounds. There are "personal trainers" with no formal courses in physical education, exercise science or other related university degrees. If they want to be a certified personal trainer, there are online, mail-order certificates that require only payment to obtain a certificate to put on the wall. Some of these "certifying agencies" do not require an examination to test the knowledge of the applicants.

    A severe personal injury occurred as a 70-year-old client in a health club fell and broke his arm while doing an exercise to improve his balance. The injured client was the plaintiff in a suit in which the personal trainer was named as the defendant. I assisted the attorney representing the plaintiff.

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    Douglas Baumgarten
    Owner
    42218 Terrazzo Ter.
    Stone Ridge VA 20105
    USA
    phone: 301-448-5499
    fax: 888-750-2869
    Douglas Baumgarten, M.S., offers consulting and expert witness services related to Fitness, Health Clubs, Exercise Equipment, Personal Training and Sports. Mr. Baumgarten is a graduate of Harvard University and California University of Penna. (M.S. Exercise Science). He is a certified Health/Fitness Director (Amer. Coll. of Sports Medicine), Performance Enhancement Specialist, Medical Exercise Specialist, Bike Fitter, cycling coach, and baseball/softball official.

    Mr. Baumgarten has 30+ years in the fitness industry, as personal trainer, manager, consultant, equipment dealer, President of a large fitness company, and owner of SportFit Consulting. He has over 8 years' experience as a legal expert, on cases from equipment accidents to health club employee conduct. He works with both plaintiffs and defendants, and has testified in civil and criminal courts.

    Mr. Baumgarten has contributed to Fitness Management magazine, Boardroom magazine, Club Management magazine, and other publications. His expertise also includes facility design and layout, as well as exercise equipment safety and efficacy.
    Every club struggles with safety and liability issues. In addition to OSHA, state, and local regulations governing employee safety, clubs must take every reasonable precaution to protect their members from harm – while still offering a satisfying service experience

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    TM McLellan Research Inc.
    Tom M. McLellan, PhD
    25 Dorman Drive
    Stouffville Ontario L4A8A7
    Canada
    phone: 905-642-0659
    Tom-McLellan-Protective-Clothing-Expert-Photo.jpg
    Tom M. McLellan, Phd, is an Exercise and Environmental Physiologist whose expertise is in understanding the limitations of working in Protective Clothing, as well as developing strategies to Optimize Physical and Cognitive Performance During Sustained Operations.

    Consulting / Litigation Support - Dr. McLellan works as a consultant researching and writing articles for clients in the United States and Canada’s Department of Defense. He also provides service as an expert consultant for legal firms and as an expert witness for the effects of caffeine in energy drinks. Projects include research support to the US Army, University of Ottawa, and Defence R&D Canada.

    Dr. McLellan's areas of expertise include:

    Exercise Physiology:
    • Respiratory Physiology
    • Acid-Base Regulation
    • Blood Lactate Response
    • Ergogenic Aids
    • Nutritional Supplements
    • Immuno-inflammatory Response to Acute and Chronic Stress
    Heat Strain in Protective Clothing:
    • Aerobic Fitness
    • Heat Acclimation
    • Hydration
    • Gender
    • Menstrual Cycle
    • Body Composition
    • Work / Rest Cycles
    Background Experience - Dr. McLellan worked as a Defense Scientist at Defence R&D Canada in Toronto for 27 years before retiring from the Public Service in 2012. Dr. McLellan’s research expertise evolved during the original Gulf War in 1991 when the Allied Forces were in need of evidence-based recommendations for operating in the extreme environments of the Middle East while wearing Nuclear, Biological, and Chemical (NBC) Protective Clothing.

    Dr. McLellan conducted numerous laboratory trials to study the influence of fitness, hydration, heat acclimation, sex, circadian rhythm, body composition, microclimate cooling, metabolic rate and the environment on heat tolerance while wearing the NBC clothing. His research led to work and rest guidelines for Canadian Forces personnel and other NATO Forces wearing the protective clothing. In addition, he was contacted and subsequently developed similar guidelines for the Toronto Fire Service and other Fire Services across Ontario, which led to a citation award from the Toronto Fire Service in 2004.

    Dr. McLellan also established an expertise on the use of caffeine during sustained military operations to maintain physical and cognitive performance during these overnight clandestine operations that provide little opportunity for sleep. Together with military scientists in the United States and New Zealand several evidence-based field trials were conducted with Special Forces personnel to document the benefits of using a caffeinated gum during overnight periods of sleep loss. The findings led to the production of Stay Alert gum for use by deployed service personnel.

    Author / Educator - Dr. McLellan has published over 150 peer-reviewed scientific articles and government reports. Dr. McLellan was presented with an achievement award for outstanding collaborative research within the international community of military scientists four times over his career. He held adjunct appointments at York University in Toronto, was a full professor at the University of Toronto and currently holds an adjunct appointment at the University of Ontario Institute of Technology in Oshawa, Ontario. He also served as an Associate Editor of Medicine and Science in Sports and Exercise for 7 years.
    12/15/2014 · Exercise & Fitness
    Energy drinks (EDs) contain caffeine and are a new, popular category of beverage. It has been suggested that EDs enhance physical and cognitive performance; however, it is unclear whether the claimed benefits are attributable to components other than caffeine. A typical 235 mL ED provides between 40 and 250 mg of caffeine, equating to doses that improve cognitive and, at the higher levels, physical performance. EDs often contain taurine, guaraná, ginseng, glucuronolactone, B-vitamins, and other compounds. A literature search using PubMed, Psych Info, and Google Scholar identified 32 articles that examined the effects of ED ingredients alone and/or in combination with caffeine on physical or cognitive performance.

    In many occupational settings, clothing must be worn to protect individuals from hazards in their work environment. However, personal protective clothing (PPC) restricts heat exchange with the environment due to high thermal resistance and low water vapor permeability. As a consequence, individuals who wear PPC often work in uncompensable heat stress conditions where body heat storage continues to rise and the risk of heat injury is greatly enhanced.

    11/4/2014
    "Experts.com is proud to announce new member, Dr. Tom M. McLellan. With 30 years of experience in Exercise and Environmental Physiology, Dr. McLellan is available as an expert witness and consultant in matters relating to exercise physiology and heat strain in protective clothing."