Food Safety Expert Witnesses: 9

David Rutecki's career spans 39 years of Restaurant and Hospitality related experience. Working in more than 20 restaurants and involved in the opening of more than a dozen, he has worked every position possible within this industry. Mr. Rutecki currently owns and operates Mountain Deli in Hendersonville, garnering the 2016, 2017 & 2018 Blue Ridge Growth Award. He is a Member of the North Carolina and National Restaurant Associations. Mr. Rutecki has been invloved in the following selected restaurants:

• Fancy’s Food and Wine, Gourmet Shop, Coral Gables, South Miami & Grove Isle, Fl.
• Susie’s Bagels, Breakfast Restaurant, South Miami, Fl.
• Pizzaria Uno, Full Service Restaurant, Miami, Fl.
• Baystreet, Full Service Seafood Restaurant, Miami, Fl.
• Rusty Pelican, Upscale Seafood, Key Biscayne, Miami, Fl.
• Rudolph's BBQ, Upscale BBQ, Miami, Fl.
• Signature Gardens, Upscale Catering Hall, Miami, Fl.
• Chart House, Upscale Seafood, Coconut grove, Fl.
• Cafe Tu Tu Tango, Coconut Grove, Fl.
• Gatsby’s, Upscale Billiards and Cigar Bar, Boca Raton, Fl.
• Prezzo, Casual Italian, Boca Raton, Fl.
• Maxwell’s Chophouse, Upscale Steakhouse, Boca Raton, Fl.
• Mountain Deli, Delicatessen, Downtown Hendersonville, NC
• Tabica Grill, Upscale American, Jupiter, Fl.
• Jonathon's Landing Marina Club, Upscale Boating Club, Jupiter, Fl
• Jetty's, Upscale Seafood, Jupiter, Fl.
• Austin Grill, Casual, Washington, DC.

Litigation Support - David Rutecki offers expert witness and litigation support for restaurant related issues in the United States. His services are available to counsel representing both Plaintiff and Defendant. Areas of Expertise:

• Restaurant and Kitchen Design, Menu Development
• Food Safety and Sanitation
• Bar Operations & Liquor Liability... Dram Shop
• Safety & Security - Slips, Trips and Falls
• Daily Operations & Management, Employee & Staffing Issues
• Retail Operations
• Staff & Mgmt Training Programs & Handbooks
• Business Plan Development

Gary R. Coburn is an award-winning Restaurant Executive with 40 years of experience creating, opening, running, and advising hundreds of full service restaurants, limited service, quick-service, bars and nightclubs. Additional expertise in restaurant franchising and commercial kitchen design/build from remodels to ground up including conceptual development, viability and business interruption.

With over four decades in the industry, Mr. Coburn has held positions as VP of National Accounts and Design Build for the largest commercial kitchen and distribution company in the country to, Director of Operations, President, COO, Executive Director of Food Services and owner operator. His management experience has included supervising more than 2,000 employees, including 170 managers, along with overseeing consulting assignments for numerous companies.

Clients Include: Joe's Crab Shack, Cask ‘n Cleaver, Lord Charlie’s, El Gato Gordo, Pizza Pronto, Safari Bar Restaurant, Shark Club, Bull Dog Grill, Stronghouse, Pangea, The Ballroom, Juarez Grill, Dickerson’s Club 29, Yucatan Liquor Stand, Zepp’s Atomic Tex Mex, Cabo Grill, Angel Stadium, In Cahoots, The Ball Room, Slick Willie’s, Rodeo, Jake’s, Bobs on the Bay, Crabby Bob’s Seafood, PizzaRev, Honolulu Harry’s, Lahaina Mai Tai Lounge, Canyon Grill, Campagnia, Huey’s Grill & Brewery, Gladstone’s Long Beach, Pro’s Ranch Markets, Lily's Doughnuts & Pops

Litigation Support - Mr. Coburn has served as an expert witness in numerous restaurant-related cases. His services are available to attorneys for plaintiff and defense and include site inspection, thorough reporting, depositions, and trial testimony as needed.

Areas of Expertise:

Slip,Trip & Fall Burns Choking Food Safety Dram Shop Alcohol Employee Safety Commercial Kitchen Customer Injuries Operations Management

Franchise Ownership Permitting Training Investing Accounting Premises Liability / Negligent Security OSHA ADA Procedures Equipment Design

Recent cases retained by Plaintiff:

• Guest incident regarding standard of care including safety, protocols / procedures, adequate warnings, and related issues
• Safety and security practices for proprietors regarding foreseeability of harm, likelihood of injury, notice and reasonable intervention 
• Loss of income, conceptual and goodwill impact based on providing adequate parking

Recent cases retained by Defendant:

•     Loss of income and the feasibility of the concept and the viability of opening the restaurant
•     Slip and fall and the ensuring safety of its patrons and duty to use reasonable care in keeping premises reasonably safe
•     Maintenance, industry standards of furniture handling and procurement, foreseeability of harm, and   likelihood of injury from lack of procedures

View RCI's Consulting Profile.

Catherine Adams Hutt, PhD, RD, CFS, has senior public and private experience as a Chief Science & Regulatory Officer in the Food Safety Industry. She is a Registered Dietitian and Certified Food Scientist.

With experience in the public and private sectors, Dr. Adams Hutt provides advice and guidance on a wide range of topics, including regulatory compliance, food safety, quality systems management, supply chain, health and wellness, business strategy, product development, and software solutions for management of quality and product development processes.

Dr. Adams Hutt was formerly Chief Quality, Food Safety, and Nutrition Officer for McDonald’s Corporation and led Supplier and Restaurant Food Safety teams for YUM! Brands. She was Chief Quality Officer for Coors Brewing Company, led the North America Quality team at H.J. Heinz, and developed next generation Quality programs for the Campbell Soup Company. Dr. Adams Hutt was Assistant Administrator for the US Department of Agriculture’s Food Safety and Inspection Service (FSIS) where she led the development of HACCP as a regulatory tool. She has been an active participant in international programs, and led the U.S Delegation for the Codex Food Hygiene Committee.

Litigation Support - Catherine Adams Hutt has high-level training and senior experience in a variety of food related fields, including food manufacturing, food service, food regulations, and nutrition. Her diverse background makes her ideally suited for challenging cases where it is important or helpful to be able to integrate information from a number of different disciplines. Her professional experience is truly unique and her credentials make her unimpeachable. Most of Dr. Adams Hutt's cases are settled before going to trial on the strength of her expert opinion. She has experience with both deposition and trial, understanding the art of the exercise, and works to deliver the optimal results for her clients - plaintiff or defendant.

Areas of Expertise:

Food Safety Food Manufacturing Nutrition Foodborne Illness Food Fraud Food Forensics

Food Poisoning Food Adulteration Dietary Supplements Food Labeling Quality Management Health Claims

Texas Office 4568 Elm Bottom Circle Aubrey, TX 76227

Virginia Office 124 South Fairfax Alexandria, VA 22314

View Dr. Adams Hutt's Consulting Profile.

Dennis Gemberling, CHA, CFBE, FMP, FCSI, President and Founder of Perry Group International, has over 35 years of experience in the Hospitality Management industry. His experience includes managing, operating, and consulting on full-service, limited-service, extended-stay, all-suite, condo and timeshare hotels and resorts, casual, fine-dining, and quick-service restaurants, bars and nightclubs, catering and special event facilities, casinos, and mixed-use real estate. 

Mr. Gemberling has held prior positions for different owners, operators, and chains as Senior Vice President, General Manager, Director of Food & Beverage, and Restaurant Unit Manager. He has been retained on over 400 projects with typical values in the $1 million to $75 million range and revenues in the $1 million to $100 million range both nationally and internationally. His many clients have include among others Biscuits & Blues, Cantina’s, Chevy’s, Choice Hotels, Embassy Suites, Hampton Inns, Hilton, Holiday Inns, Hooter’s Casino, Hyatt, Marriott, McDonald’s, Microtel Inn & Suites, Outback Restaurants, Radisson, Residence Inns, Signature Resort, Sizzler, Sonic Drive-Ins, Starbucks, Starwood, Sheraton, Togo’s, Wendy’s, and Willie Mays Skybox Lounge. 

Litigation Support: Dennis Gemberling is a Certified Hotel Administrator, Certified Food and Beverage Executive, Certified Foodservice Management Professional, and Certified Food Safety Manager. He offers expert witness services to attorneys for plaintiff and defendant cases on a variety of Hospitality-related claims. He is a Professional Member of Foodservice Consultants Society International and the Forensic Expert Witness Association. Mr. Gemberling also provides expertise as a Court Appointed Receiver and Interim Property Manager and is currently the Past President and a Board of Director for the California Receivers Forum – Bay Area Chapter. 

Areas of Expertise:

Management & Operations Income Analysis & Valuation Employment, Hiring & Labor Issues Lost Profits & Future Earnings Business Interruption Planning & Feasibility Upkeep & Maintenance Customs & Trade Practices Standards of Care

Franchise, Management & Operator Contracts Brand, Franchise, Franchisee Apparent Agency Issues Safety & Security Contractor & Entertainment Use Food & Alcoholic Beverage Handling Costs, Economic & Marketing Impact Procurement & Purchasing Landlord / Tenant, Operator & HOA Issues Discrimination & Harassment Construction or FF&E Problems

View Dennis Gemberling's Consulting Profile.

Claire K. Sand, PhD, is a Global Packaging Technology  Leader with over 35 years of Food Science and Packaging experience. 

Dr. Sand is the owner and founder of Packaging Technology and Research, LLC.   She is also an Adjunct Professor at Michigan State University and CalPoly, and a monthly contributor to Packaging Digest. 

Dr. Sand's background includes working with Total Quality Marketing, Nestle, General Mills, Kraft Heinz, Safeway, and academia, as well as in basic research, development market research, and marketing in Germany, Colombia, and Thailand.

She is an IFT Fellow, a recipient of the Lifetime Achievement in Food Packaging Award , a member of numerous Editorial Boards, the author of the Packaging Value Chain, and is in several leadership positions.

Litigation Support - Dr. Claire Sand is an experienced food packaging expert witness for attorneys representing plaintiff and defendant. Claire has served as an expert witness in 18 cases since 2016, involving 8 patents, 4 food packaging and food spoilage cases, and 6 other cases.

Her cases include Food and Beverage, Packaging and Labeling, and Patent and Intellectual Property litigation and lawsuits. Dr. Sand is available to consult, construct and write expert reports, serve as expert in depositions and testify.

Areas of Expertise:

• Patent Infringement and Invalidity - including patent infringement, patent invalidity, forensics related to patents and related lawsuits, design and utility patent infringement, food packaging patents, Patent or design infringement
• Trademark, Trade Dress or Trade Secret Disputes
• Food Package Interactions - including food damage and spoilage, food packaging safety, foods and how packaging interacts with food,
• Food Package Design - including flexible film, rigid packaging - bottles, cans jars, etc., semi-rigid packaging- foam trays, Food packaging product development, Integrity of packaged goods for warehousing
• Food Package and Packaging Forensics  - including failure analysis, defective packaging
• Material Science - including paperboard, polymers and plastics
• Probable Cause in Food Packaging Contamination
• Food Package Testing
• Food Packaging FDA Regulations & GMPs
• Food Packaging Machinery / Line Operations

View Packaging Technology Consultants' Business Consulting Profile.

mdi Consultants, Inc - Experts in FDA regulatory affairs, quality assurance and ISO 9000 certification. With 6 years in the FDA and 26 years consulting to the industry, mdi Consultants, Inc. has been an invited Speaker worldwide on FDA regulations and policies and has obtained FDA expert status as third party auditors.

OUR APPROACH

We utilize the following three part approach to providing high quality services to our clients:

Unsurpassed consultant experience – we identify and recruit only top quality consultants with deep industry knowledge to provide the most complete and insightful advice to our clients

Up-to-date systems and processes – we have highly defined systems (e.g. manuals, training programs, technical files) and processes (e.g. audit methodologies, 510(k) submission, validations) that are constantly refined and kept current across the ever changing regulatory environment

Involvement in regulation development – we stay ahead of policies by participating in the development of regulation (e.g. HACCP, Scientific Advisor to U.S. Congressmen)

Alan Someck’s 42 years of experience in the Hospitality Industry as an owner, operator, consultant, and teacher has given him the in depth practical knowledge to provide highly professional and thorough expert witness reports, depositions and testimony.  For the past 14 years, he has been a full time Management Instructor at the Institute of Culinary Education in New York City as well as serving as an Adjunct Professor of Hospitality Management at the New York Institute of Technology.

Mr. Someck has had 25 years of experience as a full time operator in fine dining and fast casual restaurants. Through his active consulting firm, Keystone Hospitality Solutions, he has helped develop a wide variety of restaurant concepts ranging from cafes to full service restaurants, and worked as a food service operations analyst for organizations such as the U.S. State Department, U.S. Patent Office, and the F.A.A. 

Mr. Someck has been awarded 7 grants from the Environmental Protection Agency and New York State to work on sustainability issues within the hospitality industry.  He also has ownership interest in Jimbo’s Naturally, a highly successful chain of San Diego based Natural Food Markets.  

Mr. Someck has organized and presented at workshops, conferences, and training programs for the New York State Restaurant Association, and has been a national keynote speaker and author of hospitality related business articles on hospitality management strategies, food service operations, and franchising.  He has been featured in a variety of industry media publications such as Forbes.com and Full Service Restaurant Magazine. Mr. Someck is also a Nationally Certified Trainer in ServSafe Food Safety and ServSafe Alcohol.

Litigation Support - Alan Someck has been a legal expert witness in a wide variety of cases related to the hospitality field including:

Restaurant Operations  Restaurant Income and Profit Analysis Hospitality Slips and Falls Customer and Employee Safety  Restaurant Wages and Tips Issues

Food Safety / Allergies Alcohol Service Liabilities / Dram Shop Cases Hospitality Harassment and Discrimination Restaurant Training  Business Damages and Restaurant Feasibility Studies

View Keystone Hospitality Solutions' Consulting Profile.

Karl L. Linck, PE, is an expert in Food Industry Production and Packaging with over 45 years of experience. A Professional Engineer in WI, IL, AZ, CA, FL, and ID, his main area of experience is with Sanitary Systems and their Design in Hygienic Food Processing. 

Litigation Support -  Along with design of many food processing / packaging systems and engineering department development and leadership, Mr. Linck has provided expert witness testimony for cases involving IP and Contract issues. His services are available to attorneys representing plaintiff and defendant and include site inspection, thorough reporting, depositions, and trial testimony as needed. 

Areas of Expertise:

Sanitary Food Systems Food Processing Systems Food Processing Equipment Facility Sanitary / Hygienic Design Facility Automation Site Selection

Equipment and Engineering Contracting Packaging Material Engineering Packaging / Production Line Efficiency MAP - Modified Atmosphere Packaging Food Packaging Systems / Equipment Food Production Operations

 Background Experience - Much of Mr. Linck's career has focused around dry, oils, refrigerated and frozen products in the pasta, natural cheese, processed cheese, appetizer, and entrée areas. He has led strategic growth of engineering functions, including procurement and customization of production equipment, production line layouts and facilities design, automation, packaging material engineering, site selection, and support engineering functions for all production operations and distribution/office needs.  

From 1992 to 2019, Mr. Linck served as Vice President of Engineering for Sargento Foods, Inc., where he provided key technical direction and management critical to growth and assembled the engineering department to support innovation, improvements, and production support with proper engineering/technician skill sets, among other duties.

Mr. Linck is currently the sole proprietor and engineer for Karl Linck, Technical Consulting, where he specializes in engineering educational material development, manufacturing consulting, expert witness work, and expert advice for the food industry.

Dr. Ewen Todd is a Food Safety Expert with over 45 years of knowledge and experience in general food safety and Food Microbiology Issues. Specifically, he has extensive experience in the reporting and surveillance of Foodborne Disease, as well as development of analytical methods for identifying foodborne pathogens. As a result of his work with the industry and his knowledge of foodborne disease, Dr. Todd has influenced research programs and regulatory approaches taken by the Health Protection Branch of Health Canada. In the US, he held the position of Director of the National Food Safety and Toxicology Center and the Food Safety Policy Center at Michigan State University. 

A leader in microbial research, foodborne disease surveillance, costing of outbreaks, food safety policy, seafood toxins, standard-setting, risk assessment, risk management, and risk communication. He has worked in numerous countries educating and training, and collaborating to set up surveillance systems, food safety policies, regulations, and HACCP and other control strategies, including China, Cambodia, Japan, United Arab Emirates, Lebanon, Kuwait, Saudi Arabia, and Europe, as well as Canada and the USA. He is also familiar with food defense and food fraud issues, and waterborne disease. He is familiar with the US and Canadian food industry, both foodservice and food processing, HACCP, disease investigation, food, and equipment contamination.

Since leaving the Canadian government and entering academia and as a consultant, he has been an expert witness in 25 cases in both the U.S. and Canada where foodborne illnesses have occurred. He has testified on the behalf of plaintiffs who suffered from E. coli O157:H7, Campylobacter, Salmonella, ciguatoxin fish poisoning, yeast, and unknown agents. He has also represented defendants in two illness cases. Therefore, his litigation services are available for both Plaintiff and Defense.

Areas of Expertise

• General Food Safety and Spoilage Issues
• HACCP and GHP Systems
• Standards for Poultry
• Listeria Monocytogenes in Soft Cheeses
• Standards for Poultry
• Seafood Toxins
• Food Workers
• Investigation of Foodborne and Waterborne Illnesses
• Foodborne Disease Surveillance Systems
• Risk Assessment, Risk Management and Risk Governance
• Safety of Aquaculture Systems
• Norovirus in Elder Care and Other Facilities
• Salmonella and Shigella in Schools and Child Care Centers
• Salmonella in Tahini and Other Oil-based Foods
• Escherichia coli O157:H7 in Leafy Greens
• Staphylococcus aureus in Cheese, Clostridium botulinum in Canned or Preserved Food and Native American / Inuit Fermented Food
• Listeria monocytogenes in Deli Meats and Soft Cheeses
• Controlling Listeria monocytogenes in Ready-to-eat Foods
• Hydrophobic Grid Membrane Filter Systems

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