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FILED: SUFFOLK COUNTY CLERK 11/23/2022 01:21 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1150 RECEIVED NYSCEF: 11/23/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK:
_______________________________________________________________________Ç
ALICIA M. ARUNDEL; SUZANNE SCHULMAN,
As Administratrix of the ESTATE OF
BRITTNEY M. SCHULMAN, deceased; OLGA LIPETS; Plaintiffs Expert
Mindy Grabina, as Administratrix of the estate of Exchange Pursuant
AMY GRABINA, and MINDY GRABINA, individually; to C.P.L.R. 3101(d)
STEVEN BARUCH, as Administrator of the Estate of (E-File Case)
LAUREN BARUCH, deceased, and STEVEN BARUCH,
Individually; JOELLE DIMONTE; MELISSA CRAI; Index No.:6n214/15
And ARTHUR BELLI, Jr.,as parent and Natural
Guardian of STEPHANIE BELLI, deceased
and Administrator of the Estate of Stephanie Belli,
Plaintiff,
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS
PINO, ROMEO DIMON MARINE SERVICE, INC.,
STEVEN ROMEO, TOWN OF SOUTHOLD and
COUNTY OF SUFFOLK,
Defendants.
_______________________________________.._______________________________Ç
Plaintiff, Suzanne Schulman, as Administratrix of the Estate of Brittany M.
Schulman, deceased, by their attorney, John L. Juliano, P.C.,as and for itsNotice of Expert
Witness Pursuant to C.P.L.R.,3101(d) respectfully submits as follows:
Plaintiffexpects to call James Pugh, PhD, PE, President and Director of Inter-City
Testing & Consulting Corporation, with offices located at 620 Broadway, Suite 2F, New
York, NY loo12, as expert witness in the fieldof biomechanical engineering at the time of
"i"
trial.Annexed hereto as Exhibit isthe Curriculum Vitae and Scholarly Achievements of
James Pugh, PhD,PE. Dr. Pugh will testify in accordance with his Affidavit dated
November 21, 2022. A copy of Dr. Pugh's November 21, 2022, Affidavit is
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2."
annexed as "Exhibit
Dr. Pugh is a professional biomechanical engineer specializing in the analysis and
evaluation of personal injuries and causal relations of injuries to the accident events and
environment. He is a specialist in scientific accident reconstruction, metallurgy and
material science. He is also a specialist in the analysis of automotive defects and seatbelt
performance in vehicular accidents. He is a Registered Professional Engineer and is a
member of the American Society of Mechanical Engineers (ASME), American Society for
Testing and Materials (ASTM), American Society of Civil Engineers (ASCE), American
Society for Metals (ASM), Orthopedic Research Society (ORS), National Association of
Professional Accident Reconstruction Specialists (NAPARS), National Society for
Professional Engineering (NSPE), New York State Society for Professional Engineers
(NYSSPE), Society of Automotive Engineers (SAE) and Society for Plastic Engineers and
has over 30 years of experience as a biomechanics and engineering expert and has
performed over 5,000 investigations involving various vehicles and the manifestations of
defects, malfunctions, and collisions. He has also been published more than 70 times, has
done more than 40 presentations and holds approximately 4 patents. He has also taught
at major institutions such as New York University, The Cooper Union School of
Engineering and the City College of the City University of New York.
It is expected that Dr. Pugh will testify regarding the 2007 Lincoln Town Car
limousine (hereinafter "Limo") that was involved in a passenger-side midsection crash
with a 2005 Dodge Dakota truck that occurred on July 18, 2015. That said collision caused
significant intrusion of the 2005 Dodge truck into the 2007 Lincoln Town Car limousine
and that the side impact protection system of the limousine failed due to a number of
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factors associated with the design modifications and implementation of those
modifications as performed by Defendant CABOT COACH BUILDERS INC. ("CABOT"),
who converted the subject vehicle from a passenger car into a stretch limousine.
It is expected that Dr. Pugh will give testimony concerning his October 22, 2019,
inspection of the 2007 Lincoln Town Car limousine bearing Vehicle Identification
Number (VIN) 1L1FM88W87Y616205 and the 2005 Dodge Dakota pickup truck bearing
VIN 1D7HW58N55S227605 to analyze the response of the limousine to collision forces
applied to the passenger side of the limousine by the truck on July 18, 2015 which was
performed at the Suffolk County Police Department impound facility in Westhampton,
New York.
It is expected that Dr. Pugh will give testimony regarding his examination of the
side impact bar that was inspected on February 14, 2020 in Huntington, New York.
It is expected that Dr. Pugh will testify regarding the space frame, which is the
primary and most significant component for adequate crashworthiness, the occupant
passengers'
compartment must not collapse or intrude into the safe zone, meaning that
the space frame should be rigid enough not to deform and strike the occupants directly.
This requires, as identified in the annexed Affidavit, the design and construction of a
space frame of adequate rigidity. Dr. Pugh will testify that an alternate system to
significantly increase the robustness of the space frame is to seat the occupants in bench
seats facing either forwards or rearwards. Suchbench seats provide a means of transverse
stiffening of the space frame through the structure of the bench frames themselves. Two
sets of facing bench seats accommodating three occupants in each bench seat could have
feasibly and economically been installed in the subject limousine, which would have
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provided two separate areas inside the rear of the limousine.
party
passengers'
It isexpected that Dr. Pugh will testify that the interior areas of the
compartment must be adequately padded and covered, and sharp and hard areas must be
eliminated to that, ifthere iscompromise of the space frame and itcontacts the occupants,
the contact will not be lacerative or crushing, but will give and absorb energy in and of
itself.
It isexpected that Dr. Pugh will testify that the interior padding would include
the installation of airbags, both frontal, side, and rollover triggered. Such airbags when
deployed would transmit any contact with the passengers over a large are of the body,
significantly reducing the unit loads, and preventing injuries and fatalities, and
preventing unbelted occupants from colliding with each other and colliding with the
interior structures of the limousine. Dr. Pugh will further testify that airbags are
considered passive restraints and, as such, do not require anything on the part of the
occupants to achieve protection from injury, and are also intended to be so called
restraints"
"supplemental to augment and increase the protection afforded through the
use of seatbelts. Dr. Pugh will also opine that CABOT could have economically and
limo"
feasibly converted "the to have the requisite features to safely serve their intended
functions. The Lincoln Town Car was certified as complying with all applicable FMVSS's
in effect at the time of manufacture, which included side impact requirements, and
CABOT, the converter produced a vehicle that was NOT in compliance with those same
standards with which the basic vehicle complied.
Itis expected that Dr. Pugh willtestify that the area between the inner and outer
panels of the rear portion of the limousine should have been filledwith energy-absorbing
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material such as expanded polystyrene foam (EPS). An adequate width of EPS, estimated
and suggested to be at least 6 inches, would significantly increase the side
crashworthiness of the limousine.
It is expected that Dr. Pugh will testify that the occupants must be restrained
with three-point combination lap and shoulder harness seatbelts at the very least, with
combination emergency locking and inertial retractor mechanisms. Seatbelts ensure that
the occupants experience the entire ride-down of any compromise in the space frame and
rolls the forces down to non-injury producing levels.
It is further expected that Dr. Pugh will opine, within a reasonable degree of
professional engineering certainty, that the side impact protection and anti-intrusion
system in the crash limousine failed, in part, due to the floor and the rocker panel pulling
away from the frame of the crash limousine, which allowed the C-pillar to move out of
position and take with it the anti-intrusion beam. It further allowed for the additional
collapse of the floor and the displacement of the roof. This contributed significantly to the
failure of the side impact protection system, and showed clearly the lack of a space frame.
Dr. Pugh will opine, within a reasonable degree of professional engineering certainty, that
a true space frame with a more robust side impact protection system would have
decreased the chance for injury or loss of life and increased the potential for survivability
and reduction of the injuries. Dr. Pugh will opine, within a reasonable degree of
professional engineering certainty, that the following principles govern the protection to
be afforded to occupants of motor vehicles, as contained in the Federal Motor Vehicle
Safety Standards (FMVVSS's), that had the welding been done properly, had the crash
limousine been properly engineered during modification, had airbags been installed, and
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had the occupants been mandated to wear the seatbelts, the modified version of the
Lincoln Town Car would have resulted in no fatalities and minimal injuries to the
occupants.
Dr. Pugh will further opine that there are a variety of levels of protection that
could have and should have been included in the conversion of the original vehicle to a
stretch limousine and to make it more crashworthy. Each level of protection affords
increased likelihood of mitigation of injury and/or prevention of death to each of the eight
individual occupants of the limousine.
Dr. Pugh will testify regarding his ascribed levels of crashworthiness consisting
of the following:
a. A, full incorporation of all safety systems.
b. B, full incorporation of all safety systems except for energy-absorbing
materials in the walls of the limousine.
c. C, incorporation of all safety systems except for energy-absorbing materials
in the walls of the limousine and the airbags.
d. D, incorporation of all safety systems except for the energy-absorbing
materials in the walls of the limousine, the airbags, interior padding, and
the seatbelts.
e. F, the characterization of the limousine as it existed on the day of the
accident, without a functioning space frame and without ANY safety
systems of significance.
Dr. Pugh will further opine that the FMVSS for occupant crash protection is
covered and the standards mandated appear in FMVSS 208 - Occupant Crash Protection.
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Dr. Pugh will testify that he has assessed the injuries of each occupant and assigned a
number indicating the Abbreviated Injury Scale (AIS) for each occupant, as follows:
AIS 1 - severity MINOR, isolated rib fracture, for example
AIS 2 - testicular for example
severity MODERATE, avulsion,
AIS - simple for example
3 severity SERIOUS, hemothorax,
AIS - below-knee traumatic for example
4 severity SEVERE, amputation,
AIS - femoral with 221 % blood loss
5 severity CRITICAL, artery injury
AIS 6 - torso for example
severity MAXIMUM, transection,
It isalso expected that Dr. Pugh will testify regarding the affidavit and opinions
of defense expert Bandstra, expressed in his affidavit dated August 39, 2022, that he isin
disagreement with his conclusions in §48 of his affidavit, and disagrees with his finding
that ". .. the injuries which the occupants sustained are the result of the magnitude and
severity of the collision and in no way related to the performance of the vehicle
structures."
In fact, an accident with a delta-V of 20 mph is NOT an accident properly
" collision"
described or characterized as ... an extremely severe exposure. The delta-V of
20 mph results from the law of conservation of momentum and would have been the same
even ifthe limousine had the proper crashworthiness that he has specified in §13 through
§17 of the attached affidavit. On the contrary to the statement of defense expert Bandstra
"extreme,"
using the word the only feature surrounding the accident that could be
regarded as extreme was that the limousine was destroyed by the impact and the crush
energy was totally absorbed by the limousine and very littleby the pickup truck. Vehicles
with proper crashworthiness show relatively proportional amounts of damage, with both
vehicles sharing a significant amount of the crush energy. When one of the vehicles is
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relatively undamaged and other is virtually destroyed and/or almost completely broken
in half, the lack of crashworthiness of the destroyed vehicle is obvious. Dr. Pugh will also
opine that he disagrees with the statement of defense expert Bandstra that "None of the
fatalities were preventable by reasonable vehicle/structural designs to the limousine and
sustained."
no known protective system could have significantly altered the injuries
Clearly, known, economical, feasible, and functional protective systems as he has
described in his affidavit were available at the time of manufacture of the original Lincoln
Town Car and itssubsequent conversion to a limousine in 2007 or later that would have
prevented the fatalities and that would have prevented the most significant injuries
suffered by the occupants.
It isalso expected that Dr. Pugh willtestify regarding the affidavit and opinions
of defense expert Rogers, as expressed in his affidavit dated August 31, 2022, that he isin
agreement with his basic conclusion that the anti-intrusion beam even if fixed in the
vehicle properly would not have appreciably altered the outcome of the accident regarding
the fatalities and injuries. This basically states that the anti-intrusion beam was
insufficient for the intended purpose, both in shape size, amount of fixation, of
quality
fixation, and because it was not part of a requisite space frame. Had it been part of
adequate space frame, it would have accomplished the requirements expressed in Dr.
Pugh's affidavit in §13·
It is also expected that Dr. Pugh will testify regarding the occupant Stephanie
5'5"
Belli, that according to the autopsy report, age 23 years, in height, 158 pounds in
weight, who was seated on the rightmost passenger's side of the forward bench seat in the
limousine, at the leading edge of the intrusion zone, died in the accident due to blunt
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with his conjecture that the stiffening of the frame would result in increased g-loadings to Ms. Schulman to
the range of 60 to loo g's,simply because more crush would have occurred to the truck, more impact energy
would have been absorbed and managed by the crush of the truck, commensurately less would have been
managed by the limousine, and the ride-down experienced as well as the impingement of the internal
structures on the body of Ms. Schulman would have bneen significantly reduced and would in no way
approach 60 to loo g's.
PLAINTIFF RESERVES THE RIGHT TO SUPPLEMENT THIS EXPERT WITNESS EXCHANGE UP
UNTIL THE TIME OF TRIAL AS SAID EXPERT WILL TESTIFY AS TO HIS EXPERTISE ON THE SUBJECT
MATTER OF THIS CASE AND RESERVES THE RIGHT TO SUPPLEMENT HIS OPINION BASED ON THE
PROOF, MEDICAL OR OTHERWISE, THAT MAY BE ADDUCED AT THE TIME OF TRIAL.
Dated: East Northport, New York
November 23, 2022
JfrH L. LIANO P.C.
Att ney or Plain ff Suzanne Schulman,
Adminis ofthe Estate of
Brittney M. Schulman, deceased
39 Doyle Court
East Northport, New York n731
(631) 499-9300
to
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impact injuries to the head and neck with transaction of the brainstem and an atlanto-
occipital disarticulation and due to blunt impact injuries to the torso with multiple rib
fractures, lacerations of the diaphragm and spleen, and bilateral hemothoraces.
It isalso expect that Dr. Pugh will testifythat had option A safecty features been
available and functioned properly, the intrusion would have been adequately-controlled,
the airbags would have kept contusive forces to a minimum,, seatbelts would have
controlled occupant to occupant contact, and the impact energy would have been
appropriately managed through commensurate crush to both the limousine and to the
truck. AIS 1 to2 isassicated with this scenario.
That had option B safety features been in place, less energy management would
have been present in the limousine, the intrusion would have been greater by
approximately 10%, and Ms. Schulman would have an AIS 2 rating.
That had option C safety features been in lace, the intrusion would have been the
same as in Section 43 of his Affidavit, but contusive effects would have been increased,
giving Ms. Schulman an AIS 2 to 3.
That had option D safety features been in place, namely ONLY the rigid and
functioning space frame, contusive effects would have been increased, occupant to
occupant contact would occur, but impact forces would be much less than with no space
frame of all,giving Ms Schulman an AIS of 3 to4, but not fatal.
That option F, which occurred with the subject limousine in the subject accident,
as mentioned above, resulted in an AIS 6, not survivable.
It is further expected that Dr. Pugh will testify regarding the opinions and
conclusions of defense expert Bandstra in his affidavitidentified above, that he disagrees
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DENNIS M. BROWN
Christopher Esq.
Jeffries,
Attorneys for the Defendant, County of Suffolk
H. Lee Dennison Building
loo Veterans Memorial Highway
Hauppauge, New York u788
Tel. No.: (631) 853-4049
Fax No.: (631) 853-5833
DEVITT SPELLMAN BARRETT, LLP
David Arntsen, Esq.
Attorneys for the Defendant, Town of Southold
50 Route in
Srnithtown, New York n787
(631) 724-8833
FAX: (631) 724-8010
LEWIS JOHS AVALLONE AVILES LLP
Attorneys for Defendant, Steven Romeo
One CA Plaza, Suite 225
Islandia, New York 11749
(631) 755-0101
CASCONE & KLUEPFEL, LLP
Attorneys for Defendant,
Romeo Dimon Marine Service, Inc.
1399 Franklin Avenue, Suite 302
Garden City, NY 11530
(516) 747-1990
AHMUTY, DEMERS & McMANUS
Attorney for Defendants, Carlos Pino
and Ultimate Class Limousine Inc.
200 I.U. Willets Road
Albertson, NY 11507
(516) 294-5433
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Exhibit
"1"
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620 Broadway, Suite 2F
New York,NY 10012
CUIWUCULUM VITAE
JAMES PUGH,PH.D., P.E.
James Pugh, Ph.D., P.E., le PreeIdent & Director, Inter City Tee8ng &
Conoutung Corporenon, and also serves as Director of elomedical
Engineering/Metedele Solence & of
Engineering InlapCity Testing &
Consulting Corporation. He holds a Ph.D. in Blomedical Engineedng from
the meammahueene Inentute of Technology, Comtuldge, Mosenchusets,
aweded In 1972, and holds a Bachelor of Science in Metellurgy end
Meteriole Science, elso from the Mesenchusette IneBlute of Technology,
Cambridge, Mesenchusette, awarded In 1g88. Dr. Pugh le an expert In the
anelvels and evaluenon of the engineering circumstenose
surroumAng
human bodHy ingay, which Includeo accident reconstrucson, Injmy
reconstrucGon, product ddect analyele, warninge and Instmenone,
ergonomics, human tecture, equipenent such as
eafety helmete of an types,
and enetysle of Injurtee suelained fanmaof medical
by devices.
Dr.Pugh has held professorshipe at the Cooper Unlon Schoolof
Engineering
in New York City, New York The
Univeretty, City College of the City Univeruty
of New York, the Mount Sinal School of Mediolne of the City Univeretty of
New York, and the State of New York at
University Stony Brook. Dr. Pugh
has taught coursee In applied mechanice, mechanice of meterials,
bkunschanice, biomeledale, meteriole eclence and strength
engineering, of
meteriole, ergonomics, occupstkmal health and and
eafety, orthopaedic
engineering, Dr. Pugh hee eignMcent experience consulting with
goveminental agencies, privese Insurance
corporatkme, compenlee, and
pdvatelawarms. Dr. Pugh has pubilched over 78 In
artloles engineedng and
bioengineedng, hee extensively lectured In the New York City metropolitan
aree and acrose the UnMed has
81stem, empervised inselor's and doctor's
themse, and le accredited the New York State
by Department of Education to
teach coureme the requiremento for
eamefying continuing educedon oredhe
for Llooneed Profteelonel Engineere Inthe 8tate of New York.
Dr. Pugh's offilladone the
including Orthopeedlo Research Society, The
American Society for Mechanical The
Engineers, Amedcan Society fer CivH
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Engineers, The Society d Pleanos Engineers, The American 8oolely for
maints, the society a Automouse
P rofe makmel Accident
angineers, The NeBonal Ameodedon d
ReconstrucGon and the Amerlean Sodely
for Testing & timmerinia.
or. Pugh has been IInted in WhWe Who In Engineedng, le a Usented
Prossenional Engineer in the 8tate of New Yor k, and is 11oensed the
Pederal by
AvieBon AssocIndon and the Unned ObesecometGuank
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EDUCATION:
Ph.D. In Biomedical froen the
Engineestng Department of Metelksgy and
Materials Science, June 1972, Mosenchusene Inentute of Technology (MIT),
Cambridge, Mosenchusette
he
&B. in Metallurgy and unteriole Science frorn the Department of note8urgy
and Materiate Science, June Mosenchusette
1988, Institute of Technology
(t50, Counbridge,
EXPEIMENCE:
2005-Present - Prueldent & Director, InterCity Testing & ConouMng Corp.
Director, Bkunescal Engineeringminterlole Science & Eng.,
InterCity Testing & Consulting Corp New York, NY
198H005 Director, Blomedical Engineeringalstoriole Science & Eng.,
inter-City Testing & Consulting Corp., Mincoln, NY
1985-1988 Reeserch Department of
Professor, Orthopeemce, School of
inescIne, 8tole Univereby of New York at Bmok
Stony
neeserch PrcGeesor, Departinent of tasteriale Science & Eng.
School of Engineedng, State of New York at
Univeralty Stony
Bnsk
1979-1984 Director, DMelon of Bloongineering
Ammoointo Director, OccupeBonal & indoetrial Orthopaedic
Center, Hospital for Joint Diseasee Orthopmemo Institute
terats79 Director, Biomechanice HospRel
I.eboratory, forJoint
Disemese & GIndical Center
PROFE880RSHIPS:
1988-1987 Professor of The
Vielting Bloongineedng, Cooper Urdon
School of Engineering, New New York
York,
1985.1s8s neeeerch Professor, Department of Odhopeemce, School of
memcine, sists univerony of new York et orook
stony
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Research Professor, Department of Materlels Science &
8ngineering, School of Engineeringh State of New
University
York et Slony Brook
1981-1984 Ameociate P ofessor of Orthopaedice, RAount Sinal School of
Medicine of the City of New York
University
1983-1988 A4unct Pmfessor of The
INoengineedng, Cooper Union
School of lingineering,New NY
York,
1981-1985 A4unct Assoc1ste Department of
Paulsemor, Occupmmonel
Health & Safety, New York University
1983-1984 A4unct Assoclobe Puofessor of Engineering Technology,
Department of Sagineering Conege of
Technology, CRy the
City unweremy or wow Yor k
197a-1980 Ame1stent Professor of Mount
Orespeedice, 8Inst School
ce Medicine, Mount Sinal School of inedicine of the CRy
Urdvereby of New York
iNsmUCTORSHIPS:
1999-1971 Teaching Amele1ent, Mesenchusene Institute of Technlogy
1977-1979 Instructor, New York College of PosAstric Medicine
PROFESSIONAL ORGAIGEATION8:
American Society Scr AAschenical Engineere (ASIAE)
Amerloon Society of CivR Engineere (ASCE)
American Soc1sty for Teslingt & tAelertels (AtmE)
Society of Plee8ce Engineers
American Soc1sty for Riends
Orthopaedic nesearch Soo1sty
Society of Automotive Engineers
Negonal Assoclenon of Profeeekmel Acokient ReconstrucUon Spectanete
Society of 81ommeeriale
American Chemical Society
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UCml8ES:
Profeselonel Engineer, State of New York, Regleinmd1966,6081891-1
Unlled 8Isles Comet Guard IHemchant Madner Credennel Refugence Nurnber
assess1- Meeter or semem, motor, or Amslery San Veseein of Not More
Then 100 Gross Regineered Opendor of
Tone, Uninspected Poeseager
veemels upon Near commeal weaurs Not more Then 10s MIce ONehore,
Origineny lesued 1984
Pduets PInt, Single Engins Land, Usensed 1981
cottMeete of FIInese Holder for po and
Standp 8pdnider 8ystems, FDNY
REVISED 10/21/21
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Preview
FILED: SUFFOLK COUNTY CLERK 11/23/2022 01:21 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1150 RECEIVED NYSCEF: 11/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK: _______________________________________________________________________Ç ALICIA M. ARUNDEL; SUZANNE SCHULMAN, As Administratrix of the ESTATE OF BRITTNEY M. SCHULMAN, deceased; OLGA LIPETS; Plaintiffs Expert Mindy Grabina, as Administratrix of the estate of Exchange Pursuant AMY GRABINA, and MINDY GRABINA, individually; to C.P.L.R. 3101(d) STEVEN BARUCH, as Administrator of the Estate of (E-File Case) LAUREN BARUCH, deceased, and STEVEN BARUCH, Individually; JOELLE DIMONTE; MELISSA CRAI; Index No.:6n214/15 And ARTHUR BELLI, Jr.,as parent and Natural Guardian of STEPHANIE BELLI, deceased and Administrator of the Estate of Stephanie Belli, Plaintiff, -against- ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD and COUNTY OF SUFFOLK, Defendants. _______________________________________.._______________________________Ç Plaintiff, Suzanne Schulman, as Administratrix of the Estate of Brittany M. Schulman, deceased, by their attorney, John L. Juliano, P.C.,as and for itsNotice of Expert Witness Pursuant to C.P.L.R.,3101(d) respectfully submits as follows: Plaintiffexpects to call James Pugh, PhD, PE, President and Director of Inter-City Testing & Consulting Corporation, with offices located at 620 Broadway, Suite 2F, New York, NY loo12, as expert witness in the fieldof biomechanical engineering at the time of "i" trial.Annexed hereto as Exhibit isthe Curriculum Vitae and Scholarly Achievements of James Pugh, PhD,PE. Dr. Pugh will testify in accordance with his Affidavit dated November 21, 2022. A copy of Dr. Pugh's November 21, 2022, Affidavit is 1 1 of 43 FILED: SUFFOLK COUNTY CLERK 11/23/2022 01:21 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1150 RECEIVED NYSCEF: 11/23/2022 2." annexed as "Exhibit Dr. Pugh is a professional biomechanical engineer specializing in the analysis and evaluation of personal injuries and causal relations of injuries to the accident events and environment. He is a specialist in scientific accident reconstruction, metallurgy and material science. He is also a specialist in the analysis of automotive defects and seatbelt performance in vehicular accidents. He is a Registered Professional Engineer and is a member of the American Society of Mechanical Engineers (ASME), American Society for Testing and Materials (ASTM), American Society of Civil Engineers (ASCE), American Society for Metals (ASM), Orthopedic Research Society (ORS), National Association of Professional Accident Reconstruction Specialists (NAPARS), National Society for Professional Engineering (NSPE), New York State Society for Professional Engineers (NYSSPE), Society of Automotive Engineers (SAE) and Society for Plastic Engineers and has over 30 years of experience as a biomechanics and engineering expert and has performed over 5,000 investigations involving various vehicles and the manifestations of defects, malfunctions, and collisions. He has also been published more than 70 times, has done more than 40 presentations and holds approximately 4 patents. He has also taught at major institutions such as New York University, The Cooper Union School of Engineering and the City College of the City University of New York. It is expected that Dr. Pugh will testify regarding the 2007 Lincoln Town Car limousine (hereinafter "Limo") that was involved in a passenger-side midsection crash with a 2005 Dodge Dakota truck that occurred on July 18, 2015. That said collision caused significant intrusion of the 2005 Dodge truck into the 2007 Lincoln Town Car limousine and that the side impact protection system of the limousine failed due to a number of 2 2 of 43 FILED: SUFFOLK COUNTY CLERK 11/23/2022 01:21 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1150 RECEIVED NYSCEF: 11/23/2022 factors associated with the design modifications and implementation of those modifications as performed by Defendant CABOT COACH BUILDERS INC. ("CABOT"), who converted the subject vehicle from a passenger car into a stretch limousine. It is expected that Dr. Pugh will give testimony concerning his October 22, 2019, inspection of the 2007 Lincoln Town Car limousine bearing Vehicle Identification Number (VIN) 1L1FM88W87Y616205 and the 2005 Dodge Dakota pickup truck bearing VIN 1D7HW58N55S227605 to analyze the response of the limousine to collision forces applied to the passenger side of the limousine by the truck on July 18, 2015 which was performed at the Suffolk County Police Department impound facility in Westhampton, New York. It is expected that Dr. Pugh will give testimony regarding his examination of the side impact bar that was inspected on February 14, 2020 in Huntington, New York. It is expected that Dr. Pugh will testify regarding the space frame, which is the primary and most significant component for adequate crashworthiness, the occupant passengers' compartment must not collapse or intrude into the safe zone, meaning that the space frame should be rigid enough not to deform and strike the occupants directly. This requires, as identified in the annexed Affidavit, the design and construction of a space frame of adequate rigidity. Dr. Pugh will testify that an alternate system to significantly increase the robustness of the space frame is to seat the occupants in bench seats facing either forwards or rearwards. Suchbench seats provide a means of transverse stiffening of the space frame through the structure of the bench frames themselves. Two sets of facing bench seats accommodating three occupants in each bench seat could have feasibly and economically been installed in the subject limousine, which would have 3 3 of 43 FILED: SUFFOLK COUNTY CLERK 11/23/2022 01:21 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1150 RECEIVED NYSCEF: 11/23/2022 provided two separate areas inside the rear of the limousine. party passengers' It isexpected that Dr. Pugh will testify that the interior areas of the compartment must be adequately padded and covered, and sharp and hard areas must be eliminated to that, ifthere iscompromise of the space frame and itcontacts the occupants, the contact will not be lacerative or crushing, but will give and absorb energy in and of itself. It isexpected that Dr. Pugh will testify that the interior padding would include the installation of airbags, both frontal, side, and rollover triggered. Such airbags when deployed would transmit any contact with the passengers over a large are of the body, significantly reducing the unit loads, and preventing injuries and fatalities, and preventing unbelted occupants from colliding with each other and colliding with the interior structures of the limousine. Dr. Pugh will further testify that airbags are considered passive restraints and, as such, do not require anything on the part of the occupants to achieve protection from injury, and are also intended to be so called restraints" "supplemental to augment and increase the protection afforded through the use of seatbelts. Dr. Pugh will also opine that CABOT could have economically and limo" feasibly converted "the to have the requisite features to safely serve their intended functions. The Lincoln Town Car was certified as complying with all applicable FMVSS's in effect at the time of manufacture, which included side impact requirements, and CABOT, the converter produced a vehicle that was NOT in compliance with those same standards with which the basic vehicle complied. Itis expected that Dr. Pugh willtestify that the area between the inner and outer panels of the rear portion of the limousine should have been filledwith energy-absorbing 4 4 of 43 FILED: SUFFOLK COUNTY CLERK 11/23/2022 01:21 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1150 RECEIVED NYSCEF: 11/23/2022 material such as expanded polystyrene foam (EPS). An adequate width of EPS, estimated and suggested to be at least 6 inches, would significantly increase the side crashworthiness of the limousine. It is expected that Dr. Pugh will testify that the occupants must be restrained with three-point combination lap and shoulder harness seatbelts at the very least, with combination emergency locking and inertial retractor mechanisms. Seatbelts ensure that the occupants experience the entire ride-down of any compromise in the space frame and rolls the forces down to non-injury producing levels. It is further expected that Dr. Pugh will opine, within a reasonable degree of professional engineering certainty, that the side impact protection and anti-intrusion system in the crash limousine failed, in part, due to the floor and the rocker panel pulling away from the frame of the crash limousine, which allowed the C-pillar to move out of position and take with it the anti-intrusion beam. It further allowed for the additional collapse of the floor and the displacement of the roof. This contributed significantly to the failure of the side impact protection system, and showed clearly the lack of a space frame. Dr. Pugh will opine, within a reasonable degree of professional engineering certainty, that a true space frame with a more robust side impact protection system would have decreased the chance for injury or loss of life and increased the potential for survivability and reduction of the injuries. Dr. Pugh will opine, within a reasonable degree of professional engineering certainty, that the following principles govern the protection to be afforded to occupants of motor vehicles, as contained in the Federal Motor Vehicle Safety Standards (FMVVSS's), that had the welding been done properly, had the crash limousine been properly engineered during modification, had airbags been installed, and 5 5 of 43 FILED: SUFFOLK COUNTY CLERK 11/23/2022 01:21 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1150 RECEIVED NYSCEF: 11/23/2022 had the occupants been mandated to wear the seatbelts, the modified version of the Lincoln Town Car would have resulted in no fatalities and minimal injuries to the occupants. Dr. Pugh will further opine that there are a variety of levels of protection that could have and should have been included in the conversion of the original vehicle to a stretch limousine and to make it more crashworthy. Each level of protection affords increased likelihood of mitigation of injury and/or prevention of death to each of the eight individual occupants of the limousine. Dr. Pugh will testify regarding his ascribed levels of crashworthiness consisting of the following: a. A, full incorporation of all safety systems. b. B, full incorporation of all safety systems except for energy-absorbing materials in the walls of the limousine. c. C, incorporation of all safety systems except for energy-absorbing materials in the walls of the limousine and the airbags. d. D, incorporation of all safety systems except for the energy-absorbing materials in the walls of the limousine, the airbags, interior padding, and the seatbelts. e. F, the characterization of the limousine as it existed on the day of the accident, without a functioning space frame and without ANY safety systems of significance. Dr. Pugh will further opine that the FMVSS for occupant crash protection is covered and the standards mandated appear in FMVSS 208 - Occupant Crash Protection. 6 6 of 43 FILED: SUFFOLK COUNTY CLERK 11/23/2022 01:21 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1150 RECEIVED NYSCEF: 11/23/2022 Dr. Pugh will testify that he has assessed the injuries of each occupant and assigned a number indicating the Abbreviated Injury Scale (AIS) for each occupant, as follows: AIS 1 - severity MINOR, isolated rib fracture, for example AIS 2 - testicular for example severity MODERATE, avulsion, AIS - simple for example 3 severity SERIOUS, hemothorax, AIS - below-knee traumatic for example 4 severity SEVERE, amputation, AIS - femoral with 221 % blood loss 5 severity CRITICAL, artery injury AIS 6 - torso for example severity MAXIMUM, transection, It isalso expected that Dr. Pugh will testify regarding the affidavit and opinions of defense expert Bandstra, expressed in his affidavit dated August 39, 2022, that he isin disagreement with his conclusions in §48 of his affidavit, and disagrees with his finding that ". .. the injuries which the occupants sustained are the result of the magnitude and severity of the collision and in no way related to the performance of the vehicle structures." In fact, an accident with a delta-V of 20 mph is NOT an accident properly " collision" described or characterized as ... an extremely severe exposure. The delta-V of 20 mph results from the law of conservation of momentum and would have been the same even ifthe limousine had the proper crashworthiness that he has specified in §13 through §17 of the attached affidavit. On the contrary to the statement of defense expert Bandstra "extreme," using the word the only feature surrounding the accident that could be regarded as extreme was that the limousine was destroyed by the impact and the crush energy was totally absorbed by the limousine and very littleby the pickup truck. Vehicles with proper crashworthiness show relatively proportional amounts of damage, with both vehicles sharing a significant amount of the crush energy. When one of the vehicles is 7 7 of 43 FILED: SUFFOLK COUNTY CLERK 11/23/2022 01:21 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1150 RECEIVED NYSCEF: 11/23/2022 relatively undamaged and other is virtually destroyed and/or almost completely broken in half, the lack of crashworthiness of the destroyed vehicle is obvious. Dr. Pugh will also opine that he disagrees with the statement of defense expert Bandstra that "None of the fatalities were preventable by reasonable vehicle/structural designs to the limousine and sustained." no known protective system could have significantly altered the injuries Clearly, known, economical, feasible, and functional protective systems as he has described in his affidavit were available at the time of manufacture of the original Lincoln Town Car and itssubsequent conversion to a limousine in 2007 or later that would have prevented the fatalities and that would have prevented the most significant injuries suffered by the occupants. It isalso expected that Dr. Pugh willtestify regarding the affidavit and opinions of defense expert Rogers, as expressed in his affidavit dated August 31, 2022, that he isin agreement with his basic conclusion that the anti-intrusion beam even if fixed in the vehicle properly would not have appreciably altered the outcome of the accident regarding the fatalities and injuries. This basically states that the anti-intrusion beam was insufficient for the intended purpose, both in shape size, amount of fixation, of quality fixation, and because it was not part of a requisite space frame. Had it been part of adequate space frame, it would have accomplished the requirements expressed in Dr. Pugh's affidavit in §13· It is also expected that Dr. Pugh will testify regarding the occupant Stephanie 5'5" Belli, that according to the autopsy report, age 23 years, in height, 158 pounds in weight, who was seated on the rightmost passenger's side of the forward bench seat in the limousine, at the leading edge of the intrusion zone, died in the accident due to blunt 8 8 of 43 FILED: SUFFOLK COUNTY CLERK 11/23/2022 01:21 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1150 RECEIVED NYSCEF: 11/23/2022 with his conjecture that the stiffening of the frame would result in increased g-loadings to Ms. Schulman to the range of 60 to loo g's,simply because more crush would have occurred to the truck, more impact energy would have been absorbed and managed by the crush of the truck, commensurately less would have been managed by the limousine, and the ride-down experienced as well as the impingement of the internal structures on the body of Ms. Schulman would have bneen significantly reduced and would in no way approach 60 to loo g's. PLAINTIFF RESERVES THE RIGHT TO SUPPLEMENT THIS EXPERT WITNESS EXCHANGE UP UNTIL THE TIME OF TRIAL AS SAID EXPERT WILL TESTIFY AS TO HIS EXPERTISE ON THE SUBJECT MATTER OF THIS CASE AND RESERVES THE RIGHT TO SUPPLEMENT HIS OPINION BASED ON THE PROOF, MEDICAL OR OTHERWISE, THAT MAY BE ADDUCED AT THE TIME OF TRIAL. Dated: East Northport, New York November 23, 2022 JfrH L. LIANO P.C. Att ney or Plain ff Suzanne Schulman, Adminis ofthe Estate of Brittney M. Schulman, deceased 39 Doyle Court East Northport, New York n731 (631) 499-9300 to 9 of 43 FILED: SUFFOLK COUNTY CLERK 11/23/2022 01:21 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1150 RECEIVED NYSCEF: 11/23/2022 impact injuries to the head and neck with transaction of the brainstem and an atlanto- occipital disarticulation and due to blunt impact injuries to the torso with multiple rib fractures, lacerations of the diaphragm and spleen, and bilateral hemothoraces. It isalso expect that Dr. Pugh will testifythat had option A safecty features been available and functioned properly, the intrusion would have been adequately-controlled, the airbags would have kept contusive forces to a minimum,, seatbelts would have controlled occupant to occupant contact, and the impact energy would have been appropriately managed through commensurate crush to both the limousine and to the truck. AIS 1 to2 isassicated with this scenario. That had option B safety features been in place, less energy management would have been present in the limousine, the intrusion would have been greater by approximately 10%, and Ms. Schulman would have an AIS 2 rating. That had option C safety features been in lace, the intrusion would have been the same as in Section 43 of his Affidavit, but contusive effects would have been increased, giving Ms. Schulman an AIS 2 to 3. That had option D safety features been in place, namely ONLY the rigid and functioning space frame, contusive effects would have been increased, occupant to occupant contact would occur, but impact forces would be much less than with no space frame of all,giving Ms Schulman an AIS of 3 to4, but not fatal. That option F, which occurred with the subject limousine in the subject accident, as mentioned above, resulted in an AIS 6, not survivable. It is further expected that Dr. Pugh will testify regarding the opinions and conclusions of defense expert Bandstra in his affidavitidentified above, that he disagrees 9 10 of 43 FILED: SUFFOLK COUNTY CLERK 11/23/2022 01:21 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1150 RECEIVED NYSCEF: 11/23/2022 DENNIS M. BROWN Christopher Esq. Jeffries, Attorneys for the Defendant, County of Suffolk H. Lee Dennison Building loo Veterans Memorial Highway Hauppauge, New York u788 Tel. No.: (631) 853-4049 Fax No.: (631) 853-5833 DEVITT SPELLMAN BARRETT, LLP David Arntsen, Esq. Attorneys for the Defendant, Town of Southold 50 Route in Srnithtown, New York n787 (631) 724-8833 FAX: (631) 724-8010 LEWIS JOHS AVALLONE AVILES LLP Attorneys for Defendant, Steven Romeo One CA Plaza, Suite 225 Islandia, New York 11749 (631) 755-0101 CASCONE & KLUEPFEL, LLP Attorneys for Defendant, Romeo Dimon Marine Service, Inc. 1399 Franklin Avenue, Suite 302 Garden City, NY 11530 (516) 747-1990 AHMUTY, DEMERS & McMANUS Attorney for Defendants, Carlos Pino and Ultimate Class Limousine Inc. 200 I.U. Willets Road Albertson, NY 11507 (516) 294-5433 11 11 of 43 FILED: SUFFOLK COUNTY CLERK 11/23/2022 01:21 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1150 RECEIVED NYSCEF: 11/23/2022 Exhibit "1" 12 of 43 FILED: SUFFOLK COUNTY CLERK 11/23/2022 01:21 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1150 RECEIVED NYSCEF: 11/23/2022 620 Broadway, Suite 2F New York,NY 10012 CUIWUCULUM VITAE JAMES PUGH,PH.D., P.E. James Pugh, Ph.D., P.E., le PreeIdent & Director, Inter City Tee8ng & Conoutung Corporenon, and also serves as Director of elomedical Engineering/Metedele Solence & of Engineering InlapCity Testing & Consulting Corporation. He holds a Ph.D. in Blomedical Engineedng from the meammahueene Inentute of Technology, Comtuldge, Mosenchusets, aweded In 1972, and holds a Bachelor of Science in Metellurgy end Meteriole Science, elso from the Mesenchusette IneBlute of Technology, Cambridge, Mesenchusette, awarded In 1g88. Dr. Pugh le an expert In the anelvels and evaluenon of the engineering circumstenose surroumAng human bodHy ingay, which Includeo accident reconstrucson, Injmy reconstrucGon, product ddect analyele, warninge and Instmenone, ergonomics, human tecture, equipenent such as eafety helmete of an types, and enetysle of Injurtee suelained fanmaof medical by devices. Dr.Pugh has held professorshipe at the Cooper Unlon Schoolof Engineering in New York City, New York The Univeretty, City College of the City Univeruty of New York, the Mount Sinal School of Mediolne of the City Univeretty of New York, and the State of New York at University Stony Brook. Dr. Pugh has taught coursee In applied mechanice, mechanice of meterials, bkunschanice, biomeledale, meteriole eclence and strength engineering, of meteriole, ergonomics, occupstkmal health and and eafety, orthopaedic engineering, Dr. Pugh hee eignMcent experience consulting with goveminental agencies, privese Insurance corporatkme, compenlee, and pdvatelawarms. Dr. Pugh has pubilched over 78 In artloles engineedng and bioengineedng, hee extensively lectured In the New York City metropolitan aree and acrose the UnMed has 81stem, empervised inselor's and doctor's themse, and le accredited the New York State by Department of Education to teach coureme the requiremento for eamefying continuing educedon oredhe for Llooneed Profteelonel Engineere Inthe 8tate of New York. Dr. Pugh's offilladone the including Orthopeedlo Research Society, The American Society for Mechanical The Engineers, Amedcan Society fer CivH 13 of 43 FILED: SUFFOLK COUNTY CLERK 11/23/2022 01:21 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1150 RECEIVED NYSCEF: 11/23/2022 Engineers, The Society d Pleanos Engineers, The American 8oolely for maints, the society a Automouse P rofe makmel Accident angineers, The NeBonal Ameodedon d ReconstrucGon and the Amerlean Sodely for Testing & timmerinia. or. Pugh has been IInted in WhWe Who In Engineedng, le a Usented Prossenional Engineer in the 8tate of New Yor k, and is 11oensed the Pederal by AvieBon AssocIndon and the Unned ObesecometGuank 14 of 43 FILED: SUFFOLK COUNTY CLERK 11/23/2022 01:21 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1150 RECEIVED NYSCEF: 11/23/2022 EDUCATION: Ph.D. In Biomedical froen the Engineestng Department of Metelksgy and Materials Science, June 1972, Mosenchusene Inentute of Technology (MIT), Cambridge, Mosenchusette he &B. in Metallurgy and unteriole Science frorn the Department of note8urgy and Materiate Science, June Mosenchusette 1988, Institute of Technology (t50, Counbridge, EXPEIMENCE: 2005-Present - Prueldent & Director, InterCity Testing & ConouMng Corp. Director, Bkunescal Engineeringminterlole Science & Eng., InterCity Testing & Consulting Corp New York, NY 198H005 Director, Blomedical Engineeringalstoriole Science & Eng., inter-City Testing & Consulting Corp., Mincoln, NY 1985-1988 Reeserch Department of Professor, Orthopeemce, School of inescIne, 8tole Univereby of New York at Bmok Stony neeserch PrcGeesor, Departinent of tasteriale Science & Eng. School of Engineedng, State of New York at Univeralty Stony Bnsk 1979-1984 Director, DMelon of Bloongineering Ammoointo Director, OccupeBonal & indoetrial Orthopaedic Center, Hospital for Joint Diseasee Orthopmemo Institute terats79 Director, Biomechanice HospRel I.eboratory, forJoint Disemese & GIndical Center PROFE880RSHIPS: 1988-1987 Professor of The Vielting Bloongineedng, Cooper Urdon School of Engineering, New New York York, 1985.1s8s neeeerch Professor, Department of Odhopeemce, School of memcine, sists univerony of new York et orook stony 15 of 43 FILED: SUFFOLK COUNTY CLERK 11/23/2022 01:21 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1150 RECEIVED NYSCEF: 11/23/2022 Research Professor, Department of Materlels Science & 8ngineering, School of Engineeringh State of New University York et Slony Brook 1981-1984 Ameociate P ofessor of Orthopaedice, RAount Sinal School of Medicine of the City of New York University 1983-1988 A4unct Pmfessor of The INoengineedng, Cooper Union School of lingineering,New NY York, 1981-1985 A4unct Assoc1ste Department of Paulsemor, Occupmmonel Health & Safety, New York University 1983-1984 A4unct Assoclobe Puofessor of Engineering Technology, Department of Sagineering Conege of Technology, CRy the City unweremy or wow Yor k 197a-1980 Ame1stent Professor of Mount Orespeedice, 8Inst School ce Medicine, Mount Sinal School of inedicine of the CRy Urdvereby of New York iNsmUCTORSHIPS: 1999-1971 Teaching Amele1ent, Mesenchusene Institute of Technlogy 1977-1979 Instructor, New York College of PosAstric Medicine PROFESSIONAL ORGAIGEATION8: American Society Scr AAschenical Engineere (ASIAE) Amerloon Society of CivR Engineere (ASCE) American Soc1sty for Teslingt & tAelertels (AtmE) Society of Plee8ce Engineers American Soc1sty for Riends Orthopaedic nesearch Soo1sty Society of Automotive Engineers Negonal Assoclenon of Profeeekmel Acokient ReconstrucUon Spectanete Society of 81ommeeriale American Chemical Society 16 of 43 FILED: SUFFOLK COUNTY CLERK 11/23/2022 01:21 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1150 RECEIVED NYSCEF: 11/23/2022 UCml8ES: Profeselonel Engineer, State of New York, Regleinmd1966,6081891-1 Unlled 8Isles Comet Guard IHemchant Madner Credennel Refugence Nurnber assess1- Meeter or semem, motor, or Amslery San Veseein of Not More Then 100 Gross Regineered Opendor of Tone, Uninspected Poeseager veemels upon Near commeal weaurs Not more Then 10s MIce ONehore, Origineny lesued 1984 Pduets PInt, Single Engins Land, Usensed 1981 cottMeete of FIInese Holder for po and Standp 8pdnider 8ystems, FDNY REVISED 10/21/21 17 of 43 FILED: SUFFOLK COUNTY CLERK 11/23/2022 01:21 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1150