Preview
FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 264 RECEIVED NYSCEF: 07/25/2019
SUPREMECOURTOFTHESTATEOFNEW YORK
COUNTY OF NEW YORK
________________________________________________________________.------------X
WILMER CABRERA, as Administrator of the Estate of Index No.: 453205/2015
HENRY ESTEBAN SALINAS CERRATO, Deceased,
NOTICE OF EXPERT
Plaintiff, DISCLOSURE PURSUANT
TO CPLR §3101 (d)
-against-
UNITED PARCEL SERVICE, INC., ROBERT A.
KREITZER, JR., CREATIVE CHRISTMAS, INC.,
LINCOLN SQUARE CONDOMINIUM and
ALTITUDE EQUIPMENT RENTALS, LLC,
Defendants.
_______________________________________________.-------------------------·----X
UNITED PARCEL SERVICE, INC. and Third-Party
ROBERT A. KREITZER, JR., Index No.: 595409/2015
Third-Party Plaintiffs,
-against-
ALTITUDE EQUIPMENT RENTALS, LLC,
Third-Party Defendant.
----------------------------------------------------------------------------X
PLEASE TAKE NOTICE, thatthe within is Plaintiffs Notice of Expert Disclosure. Plaintiffs
intend to produce the following expert witness at the trialof thisaction:
JAMES PUGH, P.E., PH.D is a Professional Engineer with a Ph.D. from the Massachusetts
Institute of Technology in the field of Biomedical Engineering. Dr. Pugh's Curriculum Vitae is attached
hereto.
1. Dr. Pugh isexpected to testify in the areas of accident analysis and reconstruction, injury
analysis and reconstruction, biomedical engineering, human anatomy and biomechanics of the human
body, including the back, torso, head skull and brain, automotive and truck safety systems, vehicle
dynamics, lighting conditions, visibility, human injury thresholds, conscious pain and suffering suffered
by Plaintiffs Decedent, fear of imminent death, pre-impact terror,amount of time that elapsed from the
basket being struck until Plaintiff's Decedent made contact with the roadway/pavement, amount of time
that elapsed from the time that Defendant's tractor-trailer struck the boom lift'sbasket until Plaintiff's
Decedent lost consciousness, hazard management, accident avoidance, driver actions, roadway
characteristics, injury causation and allied areas.
FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 264 RECEIVED NYSCEF: 07/25/2019
2. The substance of facts and opinions and grounds for said expert's opinion will be based
upon video surveillance footage depicting the accident and scene of the accident both pre-accident and
post-accident, site and injury photographs, photographs of the vehicles involved including the tractor and
trailers and the book life,autopsy photographs, satelliteimagery associated with the site of the accident,
his personal visitto the site of the accident, occupant anthropometry, vehicle particulars and scientific
references, extensive medical records outlining the nature of the infant Plaintiff's Decedent's injuries and
resulting death which involved multiple fractures, traumatic brain injury, significant contusions and
bruising of the torso, applicable trafñc regulations, deposition testimony of the parties and all non-parties
deposed in this matter and the prior related action, police reports and investigation materials, OSHA
report and investigation materials and/or other investigation records. Dr. Pugh has also reviewed and
examined the finding, reports, testing and afñdavits of the expert witnesses retained by Defendants. Dr.
Pugh is also expected to illustratehis opinions through the use of scale models, exemplar surrogates,
diagrams and anatomic models.
3. It is expected that Dr. Pugh will testify that the evidence and injuries to Plaintiff's
Decedent supports the conclusion, within a reasonable degree of engineering certainty, that the incident
was the result of the negligence of the defendant in failing to operate the subject tractor-trailer in a safe
and proper manner; in failing to observe the base of the boom the
lift, boom lift'sbasket, the orange cones
although they were in plain sight; that the boom lifeand itsbasket were not obscured or blocked from the
view of oncoming vehicles; that the lighting conditions were good and sufficient to illuminate the boom
liftand itsbasket at the time of the subject accident; that nothing prevented Defendant KREITZER from
being able to observe the boom liftand itsbasket as he was approaching the intersection through the use
of his senses; in failing to take any steps to bring the subject tractor-trailer to a stop before striking the
basket; in failingto take appropriate action to avoid striking the boom lift'sbasket containing Plaintiff's
Decedent and his co-worker; that the boom lift
and itsbasket were visible and should have been observed
by Defendant Kreitzer with sufñcient time to avoid striking the basket; that Plaintiff's Decedent suffered
pre-impact terror and fear of impending death as the result of being propelled from the boom lift'sbasket
and travelling through the air for a period of time before striking the roadway; and that Plaintiff's
Decedent did not lose consciousness for at least five seconds after the basket was struck the tractor-
by
trailer;that Plaintiff's Decedent's injuries are consistent with his torso striking the roadway Grst and then
FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 264 RECEIVED NYSCEF: 07/25/2019
striking his head; that Plaintiffs Decedent did not lose consciousness until after his head struck the
roadway; that Plaintiff's Decedent did not lose consciousness immediately upon coming into contact with
the roadway; that Plaintiff's Decedent suffered conscious pain and suffering before he passed away as the
result of the injuries he sustained in the subject accident; that Plaintiffs Decedent suffered during the time
he was confined to the hospital before he passed away.
PLEASE TAKE FURTHER NOTICE, that the Plaintiff reserves the right to amend and/or
supplement the above, ifand when additional information becomes available.
Dated: New York, New York
July 15, 2019
Yours, etc.
DANSKER & ASPROMONTE ASSOCIATES
Attorneys for Plaintiff
WILMER CABRERA, as Administrator of the Estate
of HENRY ESTEBAN SALINAS CERRATO, Dec'd
16*
30 Vesey Street, floor
New York, NY 710007
(212) 732-2929
BY:
RAY OND MACEIRA
TO: Thomas O'Connor, Esq.
Ansa Assuncao, LLP
Attorneys for Defendants
UNITED PARCEL SERVICE, INC.
and ROBERT A. KREITZER, JR.
707 Westchester Avenue, Suite 309
White Plains, NY 10604
(914) 298-2260
Joseph Crafa, Esq.
Crafa & Sofield, P.C.
Attorneys for Defendant
LINCOLN SQUARE CONDOMINIUM
840 Franklin Avenue
Garden City, NY 11530
(516) 766-6200
Jay Min, Esq.
Haworth, Barber & Gerstman, LLC
Attorneys for Defendant/Third-Party Defendant
ALTITUDE EQUIPMENT RENTALS, LLC
45 Broadway, 21st Floor
New York, NY 10006
(212) 952-1100
FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 264 RECEIVED NYSCEF: 07/25/2019
___DR. JAMES W. PUGH, P.E.
Curriculum Vitae
DR. JAMES PUGH, P.E., is President & Director, Inter-City Testing &
Consulting Corporation, and also serves as Director of Biomedical
Engineering, Materials Science and Engineering, of Inter-City Testing &
Consulting Corporation, Mineola, N.Y. He has a Ph.D. in Biomedical Engineering
(Massachusetts Institute of Technology, 1972) and a Bachelor of Science in
Metallurgy and Materials Science (M.I.T., 1968). Dr. Pugh is an expert in the
analysis and evaluation of personal injuries of all types with a view towards
establishing the causal relationship between events and actual injuries
sustained. He has experience in accident reconstruction of alltypes, analysis of
sports injuries, analysis of injuries in vehicular accidents, as well as injuries
sustained by failure of medical devices.
Dr. Pugh has held professorships at the Cooper Union School of Engineering in
New York City, the University of Washington in Seattle, New York University, The
City College of the City University of New York, Mount Sinai School of Medicine,
and the State University of New York at Stony Brook. He has taught courses in
applied mechanics, materials science, biomechanics, biomaterials, ergonomics,
occupational health and safety, strength of materials, and orthopaedic
engineering. He currently offers a course at the Cooper Union School of
Engineering entitled "Bioengineering in Accident Reconstruction, Injury
Safety."
Prevention, and He has over 25 years of consulting experience with
governmental agencies, private corporations, and private law firms. He
conducted research and taught at The Hospital For Joint Diseases in New York
City for 13 years. He has published 73 technical articles in engineering and
scientific journals, has delivered over 50 lectures nationally and internationally,
has edited four volumes, has supervised theses for numerous master's and
doctoral candidates, and has received two patents. He also currently teaches
courses which are accredited by the New York State Department of Education,
and which satisfy the requirements for continuing education credits for Licensed
Professional Engineers in the State of New York.
Dr. Pugh's affiliations include The Orthopaedic Research Society, The American
Society for Mechanical Engineers, The American Society for Civil Engineers, The
American Society for Metals, The American Society for Testing and Materials,
The Society of Sigma Xi, The Society for Biomaterials, The National and New
York State Societies of Professional Engineers, The American Association for
the Advancement of Science, the Society for Automotive Engineering, The
Society of Plastics Engineers, the National Association of Professional Accident
Reconstruction Specialists, and The Order of the Engineer. He has been listed in
Who's Who in Engineering, and is a Registered Professional Engineer in the
State of New York. He is also licensed by the FAA and the USCG.
FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 264 RECEIVED NYSCEF: 07/25/2019
JAMES W. PUGHPRIVATE
Curriculum Vitae
EDUCATION: Ph.D in Biomedical Engineering. Department of Metallurgy
and Materials Science, June 1972, Massachusetts Institute of
Technology (MIT), Cambridge, Mass.
S.B. in Metallurgy from Department of Metallurgy & Materials
Science, June 1968, Massachusetts Institute of Technology, (MIT),
Cambridge, Mass.
EXPERIENCE:
1986 - Present Biomedical Engineering/Metallurgy/Materials
Director,
Science and Engineering,
INTER-CITY TESTING & CONSULTING CORPORATION: Staff
Specialist in Scientific Accident Reconstruction. Member of
National Association of Professional Accident
Reconstruction Specialists (NAPARS), the Society of
Automotive Engineers (SAE), and regular attendee at Stapp
Car Crash Conferences (SAE).
1/1/85-10/1/86 State University of New York at Stony Brook
Research Professor, Department of Orthopaedics, School of
Medicine Professor of Materials Science and Engineering
Technical Director of Gait Laboratory
Director of Orthopaedic Engineering
11/1/79-12/31/84 Hospital for Joint Diseases Orthopaedic Institute
Director, Division of Bioengineering
Associate Director, Occupational & Industrial Orthopaedic
Center
9/1/72-10/31/79 Hospital for Joint Diseases & Medical Center
Director, Biomechanics Laboratory
6/1/72-8/31/72 Massachusetts Institute of Technology
Post-Doctoral Fellow in Bioengineering, Department of
Metallurgy and Materials Science
PROFESSORSHIPS:
7/95-present:Professor, Cooper Union School of Engineering, New York
(professorship is current when Catalog Course EID 123 is
conducted by Dr. Pugh)
FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 264 RECEIVED NYSCEF: 07/25/2019
10/86-6/87: Visiting Professor of Bioengineering
The Cooper Union School of Engineering, New York City
12/20/89-: Affiliate Professor/Bioengineering
The University of Washington, Seattle, Washington
1/85-10/86: Research Professor, Department of Orthopaedics,
School of Medicine, State University of New York at Stony Brook
1/81-12/84: Associate Professor of Orthopaedics
Mount Sinai School of Medicine, City University of New York, NYC
9/82-1/85: Adjunct Professor of Bioengineering
The Cooper Union School of Engineering, New York City
9/81-1/85: Adjunct Associate Professor
Department of Occupational Health & Safety, New York University,
NYC
9/82-1/84: Adjunct Associate Professor of Engineering Technology
Department
City College of the City University of New York, NYC
9/72-12/80: Assistant Professor of Orthopaedics
Mount Sinai School of Medicine, City University of New York, NYC
INSTRUCTORSHIPS:
9/69-6/71: Teaching Assistant, MIT
6/77-9/79: Instructor, New York College of Podiatric Medicine
PROFESSIONAL ORGANIZATIONS:
American Society for Civil Engineers (ASCE)
American Society for Mechanical Engineers (ASME)
American Society for Testing and Materials (ASTM)
Subcommittees: F-4 Implant Devices and Materials; F-8 Sports
Equipment
American Association for the Advancement of Science (AAAS)
American Society for Metals (ASM)
Orthopaedic Research Society (ORS)
National Association of Professional Accident Reconstruction Specialists
(NAPARS)
National Society for Professional Engineers (NSPE)
New York State Society for Professional Engineers (NYSSPE)
Society of Automotive Engineers (SAE)
Society for Biomaterials
Society of Sigma Xi, Honorary Chemical Fraternity
Joint Medical Study Group
FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 264 RECEIVED NYSCEF: 07/25/2019
LICENSES:
Professional Engineer (P.E.) New York State, Registered 1984, #
061391-1
U.S. Coast Guard Operator's License, Issued 1984,
Coastal, Up to Six Passengers, Up to 60 Tons Auxiliary Sail, Inland
Private Pilot, Single-Engine, Land, Licensed 1981
- - _ --
\*
page arabic1
\*
page arabic1
\*
page arabic3
FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 264 RECEIVED NYSCEF: 07/25/2019
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
Miriam Perez, being duly sworn, deposes and says:
I am not a party to the action, am over 18 years of age and reside in Bronx, New York.
On July 16, 2019, I served the within Notice of Expert Disclosure Pursuant to CPLR §3101(d),
upon:
Thomas O. O'Connor, Esq. Joseph R. Crafta, Esq.
Ansa Assuncao, LLP Crafa & Sofield, P.C.
Attorneys for Defendants/Third-Party Plaintiffs Attorneys for Defendant
UNITED PARCEL SERVICE, INC. LINCOLN SQUARE CONDOMINIUM
and ROBERT A. KREITZER, JR. 840 Franklin Avenue
707 Westchester Avenue, Suite 309 Garden City, NY 11530
White Plains, NY 10604 (516) 766-6200
(914) 298-2260
Jay Min, Esq.
Haworth, Barber & Gerstman, LLC
Attorneys for Defendant/Third-Party Defendant
ALTITUDE EQUIPMENT RENTALS, LLC
45 Broadway, 21st Floor
New York, NY 10006
(212) 952-1100
by depositing a true copy thereof enclosed in a post-paid wrapper, in an officialdepository under the
exclusive care and custody of the United States Postal Service withi ew York State.
Mir Pere
Sworn to before me this
16th day of July, 2019
otary Public
IRMA COLON
Stateof NewYork
NotaryPublic,
01CO5066602
Reg.No. No.
in Kings
Qualified County
September 30, 20 Z2
Commission Expires
FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015
NYSCEF DOC. NO. 264 RECEIVED NYSCEF: 07/25/2019
Index No.: 453205/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
WILMER CABRERA, as Administrator of the Estate of
HENRY ESTEBAN SALINAS CERRATO, Deceased,
Plaintiff,
-against-
UNITED PARCEL SERVICE, INC., ROBERT A.
KREITZER, JR., CREATIVE CHRISTMAS, INC.,
LINCOLN SQUARE CONDOMINIUM and
ALTITUDE EQUIPMENT RENTALS, LLC,
Defendants.
Third-Party Index No: 595409/2015
UNITED PARCEL SERVICE, INC. and
ROBERT A. KREITZER, JR.,
Third-Party Plaintiffs,
-against-
ALTITUDE EQUIPMENT RENTALS, LLC,
Third-Party Defendant.
NOTICE OF EXPERT DISCLOSURE
DANSKER & ASPROMONTE ASSOCIATES
Attorneys for Plaintiff
WILMER CABRERA
30 Vesey Street, 16th Floor
New York, NY 10007
Tel: (212) 732-2929
Fax: (212) 732-8795
Preview
FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 264 RECEIVED NYSCEF: 07/25/2019 SUPREMECOURTOFTHESTATEOFNEW YORK COUNTY OF NEW YORK ________________________________________________________________.------------X WILMER CABRERA, as Administrator of the Estate of Index No.: 453205/2015 HENRY ESTEBAN SALINAS CERRATO, Deceased, NOTICE OF EXPERT Plaintiff, DISCLOSURE PURSUANT TO CPLR §3101 (d) -against- UNITED PARCEL SERVICE, INC., ROBERT A. KREITZER, JR., CREATIVE CHRISTMAS, INC., LINCOLN SQUARE CONDOMINIUM and ALTITUDE EQUIPMENT RENTALS, LLC, Defendants. _______________________________________________.-------------------------·----X UNITED PARCEL SERVICE, INC. and Third-Party ROBERT A. KREITZER, JR., Index No.: 595409/2015 Third-Party Plaintiffs, -against- ALTITUDE EQUIPMENT RENTALS, LLC, Third-Party Defendant. ----------------------------------------------------------------------------X PLEASE TAKE NOTICE, thatthe within is Plaintiffs Notice of Expert Disclosure. Plaintiffs intend to produce the following expert witness at the trialof thisaction: JAMES PUGH, P.E., PH.D is a Professional Engineer with a Ph.D. from the Massachusetts Institute of Technology in the field of Biomedical Engineering. Dr. Pugh's Curriculum Vitae is attached hereto. 1. Dr. Pugh isexpected to testify in the areas of accident analysis and reconstruction, injury analysis and reconstruction, biomedical engineering, human anatomy and biomechanics of the human body, including the back, torso, head skull and brain, automotive and truck safety systems, vehicle dynamics, lighting conditions, visibility, human injury thresholds, conscious pain and suffering suffered by Plaintiffs Decedent, fear of imminent death, pre-impact terror,amount of time that elapsed from the basket being struck until Plaintiff's Decedent made contact with the roadway/pavement, amount of time that elapsed from the time that Defendant's tractor-trailer struck the boom lift'sbasket until Plaintiff's Decedent lost consciousness, hazard management, accident avoidance, driver actions, roadway characteristics, injury causation and allied areas. FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 264 RECEIVED NYSCEF: 07/25/2019 2. The substance of facts and opinions and grounds for said expert's opinion will be based upon video surveillance footage depicting the accident and scene of the accident both pre-accident and post-accident, site and injury photographs, photographs of the vehicles involved including the tractor and trailers and the book life,autopsy photographs, satelliteimagery associated with the site of the accident, his personal visitto the site of the accident, occupant anthropometry, vehicle particulars and scientific references, extensive medical records outlining the nature of the infant Plaintiff's Decedent's injuries and resulting death which involved multiple fractures, traumatic brain injury, significant contusions and bruising of the torso, applicable trafñc regulations, deposition testimony of the parties and all non-parties deposed in this matter and the prior related action, police reports and investigation materials, OSHA report and investigation materials and/or other investigation records. Dr. Pugh has also reviewed and examined the finding, reports, testing and afñdavits of the expert witnesses retained by Defendants. Dr. Pugh is also expected to illustratehis opinions through the use of scale models, exemplar surrogates, diagrams and anatomic models. 3. It is expected that Dr. Pugh will testify that the evidence and injuries to Plaintiff's Decedent supports the conclusion, within a reasonable degree of engineering certainty, that the incident was the result of the negligence of the defendant in failing to operate the subject tractor-trailer in a safe and proper manner; in failing to observe the base of the boom the lift, boom lift'sbasket, the orange cones although they were in plain sight; that the boom lifeand itsbasket were not obscured or blocked from the view of oncoming vehicles; that the lighting conditions were good and sufficient to illuminate the boom liftand itsbasket at the time of the subject accident; that nothing prevented Defendant KREITZER from being able to observe the boom liftand itsbasket as he was approaching the intersection through the use of his senses; in failing to take any steps to bring the subject tractor-trailer to a stop before striking the basket; in failingto take appropriate action to avoid striking the boom lift'sbasket containing Plaintiff's Decedent and his co-worker; that the boom lift and itsbasket were visible and should have been observed by Defendant Kreitzer with sufñcient time to avoid striking the basket; that Plaintiff's Decedent suffered pre-impact terror and fear of impending death as the result of being propelled from the boom lift'sbasket and travelling through the air for a period of time before striking the roadway; and that Plaintiff's Decedent did not lose consciousness for at least five seconds after the basket was struck the tractor- by trailer;that Plaintiff's Decedent's injuries are consistent with his torso striking the roadway Grst and then FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 264 RECEIVED NYSCEF: 07/25/2019 striking his head; that Plaintiffs Decedent did not lose consciousness until after his head struck the roadway; that Plaintiff's Decedent did not lose consciousness immediately upon coming into contact with the roadway; that Plaintiff's Decedent suffered conscious pain and suffering before he passed away as the result of the injuries he sustained in the subject accident; that Plaintiffs Decedent suffered during the time he was confined to the hospital before he passed away. PLEASE TAKE FURTHER NOTICE, that the Plaintiff reserves the right to amend and/or supplement the above, ifand when additional information becomes available. Dated: New York, New York July 15, 2019 Yours, etc. DANSKER & ASPROMONTE ASSOCIATES Attorneys for Plaintiff WILMER CABRERA, as Administrator of the Estate of HENRY ESTEBAN SALINAS CERRATO, Dec'd 16* 30 Vesey Street, floor New York, NY 710007 (212) 732-2929 BY: RAY OND MACEIRA TO: Thomas O'Connor, Esq. Ansa Assuncao, LLP Attorneys for Defendants UNITED PARCEL SERVICE, INC. and ROBERT A. KREITZER, JR. 707 Westchester Avenue, Suite 309 White Plains, NY 10604 (914) 298-2260 Joseph Crafa, Esq. Crafa & Sofield, P.C. Attorneys for Defendant LINCOLN SQUARE CONDOMINIUM 840 Franklin Avenue Garden City, NY 11530 (516) 766-6200 Jay Min, Esq. Haworth, Barber & Gerstman, LLC Attorneys for Defendant/Third-Party Defendant ALTITUDE EQUIPMENT RENTALS, LLC 45 Broadway, 21st Floor New York, NY 10006 (212) 952-1100 FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 264 RECEIVED NYSCEF: 07/25/2019 ___DR. JAMES W. PUGH, P.E. Curriculum Vitae DR. JAMES PUGH, P.E., is President & Director, Inter-City Testing & Consulting Corporation, and also serves as Director of Biomedical Engineering, Materials Science and Engineering, of Inter-City Testing & Consulting Corporation, Mineola, N.Y. He has a Ph.D. in Biomedical Engineering (Massachusetts Institute of Technology, 1972) and a Bachelor of Science in Metallurgy and Materials Science (M.I.T., 1968). Dr. Pugh is an expert in the analysis and evaluation of personal injuries of all types with a view towards establishing the causal relationship between events and actual injuries sustained. He has experience in accident reconstruction of alltypes, analysis of sports injuries, analysis of injuries in vehicular accidents, as well as injuries sustained by failure of medical devices. Dr. Pugh has held professorships at the Cooper Union School of Engineering in New York City, the University of Washington in Seattle, New York University, The City College of the City University of New York, Mount Sinai School of Medicine, and the State University of New York at Stony Brook. He has taught courses in applied mechanics, materials science, biomechanics, biomaterials, ergonomics, occupational health and safety, strength of materials, and orthopaedic engineering. He currently offers a course at the Cooper Union School of Engineering entitled "Bioengineering in Accident Reconstruction, Injury Safety." Prevention, and He has over 25 years of consulting experience with governmental agencies, private corporations, and private law firms. He conducted research and taught at The Hospital For Joint Diseases in New York City for 13 years. He has published 73 technical articles in engineering and scientific journals, has delivered over 50 lectures nationally and internationally, has edited four volumes, has supervised theses for numerous master's and doctoral candidates, and has received two patents. He also currently teaches courses which are accredited by the New York State Department of Education, and which satisfy the requirements for continuing education credits for Licensed Professional Engineers in the State of New York. Dr. Pugh's affiliations include The Orthopaedic Research Society, The American Society for Mechanical Engineers, The American Society for Civil Engineers, The American Society for Metals, The American Society for Testing and Materials, The Society of Sigma Xi, The Society for Biomaterials, The National and New York State Societies of Professional Engineers, The American Association for the Advancement of Science, the Society for Automotive Engineering, The Society of Plastics Engineers, the National Association of Professional Accident Reconstruction Specialists, and The Order of the Engineer. He has been listed in Who's Who in Engineering, and is a Registered Professional Engineer in the State of New York. He is also licensed by the FAA and the USCG. FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 264 RECEIVED NYSCEF: 07/25/2019 JAMES W. PUGHPRIVATE Curriculum Vitae EDUCATION: Ph.D in Biomedical Engineering. Department of Metallurgy and Materials Science, June 1972, Massachusetts Institute of Technology (MIT), Cambridge, Mass. S.B. in Metallurgy from Department of Metallurgy & Materials Science, June 1968, Massachusetts Institute of Technology, (MIT), Cambridge, Mass. EXPERIENCE: 1986 - Present Biomedical Engineering/Metallurgy/Materials Director, Science and Engineering, INTER-CITY TESTING & CONSULTING CORPORATION: Staff Specialist in Scientific Accident Reconstruction. Member of National Association of Professional Accident Reconstruction Specialists (NAPARS), the Society of Automotive Engineers (SAE), and regular attendee at Stapp Car Crash Conferences (SAE). 1/1/85-10/1/86 State University of New York at Stony Brook Research Professor, Department of Orthopaedics, School of Medicine Professor of Materials Science and Engineering Technical Director of Gait Laboratory Director of Orthopaedic Engineering 11/1/79-12/31/84 Hospital for Joint Diseases Orthopaedic Institute Director, Division of Bioengineering Associate Director, Occupational & Industrial Orthopaedic Center 9/1/72-10/31/79 Hospital for Joint Diseases & Medical Center Director, Biomechanics Laboratory 6/1/72-8/31/72 Massachusetts Institute of Technology Post-Doctoral Fellow in Bioengineering, Department of Metallurgy and Materials Science PROFESSORSHIPS: 7/95-present:Professor, Cooper Union School of Engineering, New York (professorship is current when Catalog Course EID 123 is conducted by Dr. Pugh) FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 264 RECEIVED NYSCEF: 07/25/2019 10/86-6/87: Visiting Professor of Bioengineering The Cooper Union School of Engineering, New York City 12/20/89-: Affiliate Professor/Bioengineering The University of Washington, Seattle, Washington 1/85-10/86: Research Professor, Department of Orthopaedics, School of Medicine, State University of New York at Stony Brook 1/81-12/84: Associate Professor of Orthopaedics Mount Sinai School of Medicine, City University of New York, NYC 9/82-1/85: Adjunct Professor of Bioengineering The Cooper Union School of Engineering, New York City 9/81-1/85: Adjunct Associate Professor Department of Occupational Health & Safety, New York University, NYC 9/82-1/84: Adjunct Associate Professor of Engineering Technology Department City College of the City University of New York, NYC 9/72-12/80: Assistant Professor of Orthopaedics Mount Sinai School of Medicine, City University of New York, NYC INSTRUCTORSHIPS: 9/69-6/71: Teaching Assistant, MIT 6/77-9/79: Instructor, New York College of Podiatric Medicine PROFESSIONAL ORGANIZATIONS: American Society for Civil Engineers (ASCE) American Society for Mechanical Engineers (ASME) American Society for Testing and Materials (ASTM) Subcommittees: F-4 Implant Devices and Materials; F-8 Sports Equipment American Association for the Advancement of Science (AAAS) American Society for Metals (ASM) Orthopaedic Research Society (ORS) National Association of Professional Accident Reconstruction Specialists (NAPARS) National Society for Professional Engineers (NSPE) New York State Society for Professional Engineers (NYSSPE) Society of Automotive Engineers (SAE) Society for Biomaterials Society of Sigma Xi, Honorary Chemical Fraternity Joint Medical Study Group FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 264 RECEIVED NYSCEF: 07/25/2019 LICENSES: Professional Engineer (P.E.) New York State, Registered 1984, # 061391-1 U.S. Coast Guard Operator's License, Issued 1984, Coastal, Up to Six Passengers, Up to 60 Tons Auxiliary Sail, Inland Private Pilot, Single-Engine, Land, Licensed 1981 - - _ -- \* page arabic1 \* page arabic1 \* page arabic3 FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 264 RECEIVED NYSCEF: 07/25/2019 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) Miriam Perez, being duly sworn, deposes and says: I am not a party to the action, am over 18 years of age and reside in Bronx, New York. On July 16, 2019, I served the within Notice of Expert Disclosure Pursuant to CPLR §3101(d), upon: Thomas O. O'Connor, Esq. Joseph R. Crafta, Esq. Ansa Assuncao, LLP Crafa & Sofield, P.C. Attorneys for Defendants/Third-Party Plaintiffs Attorneys for Defendant UNITED PARCEL SERVICE, INC. LINCOLN SQUARE CONDOMINIUM and ROBERT A. KREITZER, JR. 840 Franklin Avenue 707 Westchester Avenue, Suite 309 Garden City, NY 11530 White Plains, NY 10604 (516) 766-6200 (914) 298-2260 Jay Min, Esq. Haworth, Barber & Gerstman, LLC Attorneys for Defendant/Third-Party Defendant ALTITUDE EQUIPMENT RENTALS, LLC 45 Broadway, 21st Floor New York, NY 10006 (212) 952-1100 by depositing a true copy thereof enclosed in a post-paid wrapper, in an officialdepository under the exclusive care and custody of the United States Postal Service withi ew York State. Mir Pere Sworn to before me this 16th day of July, 2019 otary Public IRMA COLON Stateof NewYork NotaryPublic, 01CO5066602 Reg.No. No. in Kings Qualified County September 30, 20 Z2 Commission Expires FILED: NEW YORK COUNTY CLERK 07/25/2019 05:08 PM INDEX NO. 453205/2015 NYSCEF DOC. NO. 264 RECEIVED NYSCEF: 07/25/2019 Index No.: 453205/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK WILMER CABRERA, as Administrator of the Estate of HENRY ESTEBAN SALINAS CERRATO, Deceased, Plaintiff, -against- UNITED PARCEL SERVICE, INC., ROBERT A. KREITZER, JR., CREATIVE CHRISTMAS, INC., LINCOLN SQUARE CONDOMINIUM and ALTITUDE EQUIPMENT RENTALS, LLC, Defendants. Third-Party Index No: 595409/2015 UNITED PARCEL SERVICE, INC. and ROBERT A. KREITZER, JR., Third-Party Plaintiffs, -against- ALTITUDE EQUIPMENT RENTALS, LLC, Third-Party Defendant. NOTICE OF EXPERT DISCLOSURE DANSKER & ASPROMONTE ASSOCIATES Attorneys for Plaintiff WILMER CABRERA 30 Vesey Street, 16th Floor New York, NY 10007 Tel: (212) 732-2929 Fax: (212) 732-8795