FORENSIC CASES

The cases that Mr. Nobe has been involved in as an expert witness are mentioned herein. The case details are not furnished in order to maintain confidentiality.


Foundation Damage Cases(1997 through Present):

Over two hundred fifty (250) cases of damage claims related to foundation movement due to under the slab leaks were investigated. A typical forensic investigation in foundation claim work involves reporting the site observation, interviews, distress(damages), leak evaluation and foundation movement pattern.


Drainage Investigation(June, 1999):
(Cause No. 99-CI-10283) Attorney; Sean P. Martinez, for Nationwide Insurance Co. Michaele Moroney v. Eva L. Latham; in the 73rd Judicial District Court of Bexar County, 1999
Accident Investigation (September, 2003):
A fatal accident occurred during an electrical welding operation at a residential site in San Antonio, TX.
Faulty Building Construction Investigation (March, 2002):
An emergency medical facility was built in the City of Alice, Texas. This case involves an investigation related to building construction deficiencies.

Dickson Builders, Inc. vs. South Texas E.M.S.
AAA Docket No.: 70E-110-002442
Shaddox, Compere, Walraven & Good, P.C., plaintiff attorney for South Texas E.M.S.
Barker, Leon, Fancher & Matthys, L.L.P. defense on behalf of Zurich Insurance Company


BUSINESS RELATED CASES

Background:
Success in the construction industry requires an enormous amount of experience in a broad spectrum of knowledge and skill, especially an awareness of the risks involved in the process of executing operations. Perilous consequences await the legal system if a wrong choice is made between monetary return and principle ideals. A legal challenge during the late 1990's involving a Bank United loan offset and ensuing legal battles was a good lesson, since no legal involvements were encountered during the architectural and engineering operation.

Prior to 1997, NGC was growing at a fast pace in contracting work and busily working for the City of San Antonio, SAHA and a Sheppard AFB, Brooks AFB and Randolph AFB project. In 1998, Bank United reneged on a loan renewal by offseting the loan and cashing in from a checking account. A law suit ensued to recover the damages.


Loan Offset Case:
Bank United(1977) vs Bank United; Attorney, Case #98-CI-05141 Elms/Harmon, Mediation, Recv'd $54,000 from Bank United and Canneiro Chumney & Co., settled

Note: It was determined later that Bank United did indeed pull out its operation from the State of Texas; sufficient evidence was not attainable at that time for pursuing a legal action through a trial.

After Math: After the law suit settled out of court due to financial and business restrictions, down sizing of the company became a major part of our work. Downsizing required the following steps: accommodating debt restructuring, laying off people, relocation and finding new sources of revenue. This situation took a period of over five full years to settle debts, including two physical moves and five major relocations of stored equipment and materials over the five year period.


Trip & Fall Cases

Sturm(1998-2001) #98-CI-15073 vs N&A,Inc., Trial in District Court, Judge John D. Gabriel, State131 District Court, defended by Dallas Fire Insurance Attorney Caldwell Fletcher(713-757-7800), paid $27,000 to the plaintiff, Mr. Sturm; Mr. Nobe won the trespassing part of the claim.


Trip & Fall(1995) vs NGC, at LAFB's Sewer Installation project, Stephanie O'Rourke, via General Liability Coverage(Dallas Fire Insurance), Mediation, Settled.
Trip & Fall(1996) vs NGC, at SAHA apartment complex project, Stephanie O'Rourke, via General Liability Coverage(Dallas Fire Insurance), Mediation, Settled.
Non-Payment Cases

Villa Veramendi(1996) (Change Orders) vs SAHA; Stephanie O'Rourke, Negotiated, Settled


Sheppard Air Force(1999) (Change Orders) vs Sheppard AFB; Toshi Nobe, Pro se Appeal Case in Armed Forces Board of ASBCA #51105(1999) Contract Appeals, won $5,300, Trial in Air Force Appeal Court
LaPort Schools(1999) (Pay Requests) vs Purcell GC;Tom Harmon & Jorge Vega, Arbitration(American Arbitration Assoc.- AAA Case #70 110 0045899 Houston region office), recv'd $32,000