Preview
FILED: SUFFOLK COUNTY CLERK 02/09/2023 08:49 PM INDEX NO. 038664/2012
NYSCEF DOC. NO. 499 RECEIVED NYSCEF: 02/09/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
------------------------------------------------------------------------X
JOHN VENTO, a minor by his Mother and Natural
NOTICE OF EXPERT
Guardian, KIMBERLY VENTO, Individually,
WITNESS DISCLOSURE
PURSUANT TO CPLR
Plaintiffs,
3101(d)
- against -
DARNELL M. EDWARDS, ISLANDWIDE
TRANSPORTATION INCORPORATED, THE TOWN OF Index No.: 38664/2012
BROOKHAVEN and OTO TRANSPORT, INC.,
Defendants.
----------------------------------------------------------------------X
TOWN OF BROOKHAVEN
Third-Party Plaintiff,
- against -
Index No.: 770257/2014
KIMBERLY VENTO and JOSEPH VENTO,
Third-Party Defendants.
----------------------------------------------------------------------X
ISLANDWIDE TRANSPORTATION INCORPORATED,
Second Third-Party Plaintiff,
- against -
Index No.: 770270/2014
KIMBERLY VENTO and JOSEPH VENTO,
Second Third-Party Defendants.
----------------------------------------------------------------------X
DARNELL M. EDWARDS and OTO TRANSPORT, INC.,
Third Third-Party Plaintiff,
- against -
Index No.: 770337/2014
KIMBERLY VENTO and JOSEPH VENTO,
Third Third-Party Defendants.
----------------------------------------------------------------------X
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PLEASE TAKE NOTICE that Defendant/Third-Party Plaintiff TOWN OF
BROOKHAVEN (“TOWN”), by and through their attorneys, COZEN O’CONNOR, hereby
provides the following expert disclosure pursuant to CPLR Section 3101(d):
1. Shawn F. Harrington B.S.E.S.M., ACTAR is an accredited accident reconstructionist who
may be called upon to testify at the time of trial of this action. Mr. Harrington, as Principal
Accident Reconstructionist and Founder of Forensic Rock, specializes in utilizing three-
dimensional laser scanning and photogrammetric techniques in collision analyses, as well
as accident investigation and collision reconstruction. A copy of Mr. Harrington’s
curriculum vitae is annexed hereto as Exhibit “A.”
2. Mr. Harrington’s testimony is expected to include, but not be limited to, the following:
Plaintiff was operating an all-terrain vehicle (“ATV”) on the roadway in the center of
Plandome Road. At impact, plaintiff’s ATV collided with the left center front of co-
defendant Darnell Edwards’s taxicab. The head-on impact occurred between the front tire
of the ATV and the left center front bumper of the taxicab. The impact itself occurred at the
center of Plandome Road. Mr. Edwards failed to keep to the right as he traveled along
Plandome Road. Plaintiff also failed to keep to the right. Plaintiff’s ATV crossed the center
of Plandome Road into the oncoming lane at impact with the taxicab. The taxicab also
crossed over the center of Plandome Road into the oncoming lane.
3. The position of an effective centerline was calculated based upon the boundaries of the
roadway as defined by the police scaled diagram. First, the total effective width of the
roadway was measured on the diagram. This measured value was then halved, and a lane
marker was drawn in VCRASH halfway across the roadway. This completed the process
for determining the effective centerline of the roadway for a given location. The process
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was then completed at various additional locations until an effective centerline was created
for the area ranging from approximately 125 feet east to 125 feet west of the area of impact.
4. Mr. Harrington is expected to testify that the physical evidence provides the point of impact
between the taxicab and the ATV, which was at the center of Plandome Road, the closing
speed of the vehicles at impact of 35 – 39 mph, the change in velocities upon impact and
the final points of rest of Plaintiff and his ATV. The accident reconstruction analysis utilized
and calculated the point of impact on the roadway itself (via the debris field), the collinear
mode of impact between the front wheel of plaintiff’s ATV and the front bumper of the
taxicab, the point of rest of Plaintiff, as well as the trajectory of the ATV and its final point
of rest.
5. One methodology of calculating the closing speeds between the two vehicles was derived
from a wheelbase reduction analysis, in which the amount of crush to the taxicab was
photogrammetrically analyzed along with the wheelbase reduction of the ATV. An
estimated closing speed of 35 – 39 mph was determined using this analysis. This included
an estimated 0.5 – 2 inches of crush to the taxicab, and 10.5 – 12 inches of crush to the ATV.
It is noted that the front fork of the ATV is maximally deformed in its current state post-
collision.
6. The evaluation of relative vehicle speeds is based upon on a calculation of the exit velocity
of the ATV. The distance from the point of impact to the ATV’s point of final rest was
measured, and a range of friction coefficient values for the sliding component of the post-
impact phase were used to determine a range of possible speeds via the slide to stop formula.
The estimated slide to stop speed of the ATV was approximately 16 – 21 mph. The principle
of conservation of momentum and varying coefficients of restitution for the collision were
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also used to determine the relative pre-impact speeds of the vehicles. The resulting
individual vehicle speeds were 25 – 27 mph for the ATV and 10 – 12 mph for the taxicab.
7. Upon plaintiff’s impact with the taxicab, his body continued forwards at his pre-impact
trajectory with his head leading and striking near the bottom of the taxicab’s windshield. He
subsequently became airborne on this same trajectory and vaulted over the hood and landed
in the area of the roadway where medical supplies and blood can be observed in the police
photographs. Plaintiff’s lateral place of final rest in the roadway is the same lateral
placement of his body at impact with the taxicab. That is, his body was effectively traveling
down the center of Plandome Road at impact.
8. Mr. Harrington is expected to present animations that demonstrate his accident
reconstruction analyses. The methodology for Mr. Harrington’s animation is expected to
include, but not be limited to: use of photogrammetric analysis of scene photographs using
PhotoModeler software; use of VCRASH software, 3D scans of the incident site, sUAS
imagery and video of the incident site, and 3D scans of exemplar vehicles.
9. Mr. Harrington determined the position of the Mercury Cougar relative to the edge of the
roadway through a photogrammetric analysis of scene photographs using PhotoModeler
software. Control points were marked on the site point cloud and in their corresponding
locations on scene photos until a sufficient number of points existed to solve the camera
locations and align the cloud with the images. Next, a best fit plane was created from the
point cloud in the area on which the Mercury was parked. Surface draw points were marked
on the plane at the location of the vehicle’s front and rear wheels. These points, along with
all control points used to align the site point cloud with the photo, were exported from
PhotoModeler as a DXF file, and imported into VCRASH.
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10. The point array was positioned such that the control points marked in PhotoModeler aligned
with their respective locations in VCRASH. In addition, a 3D scan of an exemplar Mercury
was imported into VCRASH and rotated/positioned such that it was aligned with the wheel
locations established by the PhotoModeler analysis. The positioning of the Mercury was
then compared with additional scene photographs and police documentation to ensure that
the location determined using this methodology was consistent with what was visible in all
available images. As a result of this analysis, Mr. Harrington determined that the Mercury
was parked fully off of the roadway north of Plandome Road.
11. To determine the lateral positioning of the point of impact, an additional photogrammetric
analysis was performed on scene photographs using PhotoModeler. As before, control
points were marked on the site point cloud and in their corresponding locations on the photo
until a sufficient number of points existed to determine the camera location and align the
cloud with the image. A best fit plane was created in the area on which the debris field was
observed in the roadway. Next, the debris field was outlined by creating surface draw points
on the plane created. These points, along with all control points used to align the site point
cloud with the photo, were exported from PhotoModeler as a DXF file, and imported into
VCRASH. The point array was positioned such that the control points marked in
PhotoModeler aligned with their respective locations in VCRASH to establish the lateral
positioning of the point of impact. Data from the scaled diagram created by police was also
used as part of this analysis.
12. Mr. Harrington is expected to testify that the parked Mercury Cougar on the northern side
of Plandome Road was sufficiently far off of the roadway as to not constitute an obstruction
to westbound traffic on Plandome Road. As such, co-defendant Darnell Edwards did not
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need to move the taxicab oncoming traffic to avoid the parked vehicle. This vehicle had
been parked in that position for multiple days, and can be observed in historical imagery in
the same position it was in on the date of the subject incident.
13. Had both operators been driving on their respective half of the roadway, this collision
would have been avoided and both the taxicab and the ATV would have passed by one
another in the area of the parked Mercury. Thus, Plandome Road was reasonably safe and
not a contributing factor to the accident.
14. The PhotoModeler and VCRASH analyses serves as the bases for Mr. Harrington to testify
concerning the respective sightlines of both drivers, the amount of time each driver had to
observe one another, the geometry of the roadway, the location of the physical evidence,
the location of the parked Mercury, the lateral location of the point of impact between the
ATV and the taxicab on Plandome Road (in the geometric center of the roadway), the
perception-response times of each driver given the collision scenario, the mode of collision
for the ATV, the mode of collision for the taxicab, the post-impact kinematics of the ATV,
the post-impact kinematics of the Plaintiff, the post-impact kinematics of the taxicab, the
change in velocity of the ATV, the change in velocity of Plaintiff, the change in velocity of
the taxicab, the forces experienced by the Plaintiff, the forces experienced by the ATV, the
forces experienced by the taxicab, the movement of the taxicab from its first stop after the
collision to its photographed point of final rest, the potential riding positions of Plaintiff pre-
impact (a seated riding position versus a standing position), the range of speeds pre-impact
for the ATV, the range of speeds of the taxicab pre-impact, and an evaluation of the
testimony concerning the sequence of events of the collision.
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15. Mr. Harrington will testify about testing that was completed on an exemplar 125cc Coolster
ATV (VIN: L6ZDCJLA9L1003505). A series of tests were performed to quantify various
performance parameters associated with the ATV. The tests included:
a. An acceleration test, to evaluate the maximum acceleration achievable by the ATV;
b. An evasive maneuver test, to evaluate the ability of a rider to avoid an obstacle;
c. A top speed test, to evaluate the maximum speed achievable by the ATV;
d. A U-turn test, to evaluate the minimum time in which a rider could execute a U-turn while
maintaining control of the vehicle; and
e. A cruise test, to evaluate the behavior of the vehicle while cruising at moderate speeds.
16. Mr. Harrington’s testimony is expected to be based on the facts, evidence, exhibits, and
testimony introduced, admitted, or made known to him at or before trial; on anticipated
testimony at trial; on the facts as disclosed during the course of this lawsuit, including but
not limited to, the content of pleadings, discovery, depositions, photographs of the subject
accident scene, documents, reports, and records exchanged during discovery;
his inspection of Plandome Road; Forensic Rock’s inspection of Plandome Road, his
review of all relevant reports, records, as well as subsequent thereto; on the examinations
and reports of Plaintiffs’ and Defendants’ experts; on his education, training, practice,
experience and knowledge, upon his extensive experience in the field of engineering and
accident reconstruction, as well as on applicable literature in the field, including traffic
engineering and accident reconstruction studies, and information reasonably relied upon
by others in the field.
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PLEASE TAKE NOTICE that the above referenced expert witness may be called in
response to and in rebuttal of any issues raised during the course of trial that relates to or concerns
his area of expertise.
PLEASE TAKE FURTHER NOTICE that Defendant/Third-Party Plaintiff reserves its
right to amend and/or supplement the foregoing response up to and including at the trial of this
action upon information obtained and/or proof developed after the date of this disclosure.
Defendant also reserves its right to name additional and/or other expert witnesses.
Dated: February 9, 2023
COZEN O’CONNOR
By: _______________________________________
Daniel J. Goodstadt
Counsel for Defendant/Third-Party Plaintiff
TOWN OF BROOKHAVEN
3 WTC, 175 Greenwich Street, 55th Floor
New York, New York 10007
(212) 509-9400
TO: cpfenno@arfdlaw.com
Craig P. Fenno, Esq.
AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP
Attorney for Plaintiffs/and Third-Party Defendants
KIMBERLY VENTO and JOHN VENTO
600 Third Avenue
New York, NY 10016
212.593.6700
attorneys@brianjmcgovernlaw.com
Brian J. McGovern, Esq.
The Law Offices of Brian J. McGovern, LLC
Attorneys for Defendant/Third-Party Plaintiff
Darnell M. Edwards and Oto Transport
15 Maiden Lane, Suite 2000
New York, New York 10038
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EXHIBIT A
FILED: SUFFOLK COUNTY CLERK 02/09/2023 08:49 PM INDEX NO. 038664/2012
NYSCEF DOC. NO. 499 RECEIVED NYSCEF: 02/09/2023
SHAWN F. HARRINGTON, B.S.E.S.M., ACTAR Forensic Rock
sharrington@forensicrock.com
CURRICULUM VITAE Tel: (215) 620 1288
Headquartered in Pennsylvania
Principal Accident Reconstructionist & Forensic Scientist Providing Clients National Service
BACKGROUND
Mr. Harrington earned a Bachelor of Science degree with Honors in Engineering Science and Mechanics from the
Pennsylvania State University. He is accredited as a Traffic Accident Reconstructionist by the Accreditation
Committee for Traffic Accident Reconstruction (ACTAR #2570). Mr. Harrington has a Commercial Driver’s License
(CDL) and operates and inspects Heavy Trucks. In addition, he is certified by the Society of Automotive Engineers
(SAE) to Access and Interpret Heavy Vehicle Event Data Recorders in commercial vehicles and is certified as a
BOSCH Crash Data Retrieval (CDR) Technician and Data Analyst. Mr. Harrington is actively researching, testing,
and publishing on Advanced Driver Assistance Systems (ADAS) in passenger and commercial vehicles. He is also
certified to acquire and analyze data from Vehicle Infotainment and Telematics systems and specializes in
documenting evidence utilizing three-dimensional laser scanning and photogrammetric techniques. In addition,
he is a Federal Aviation Administration (FAA) certified Remote Pilot of Small Unmanned Aircraft Systems (sUAS).
Mr. Harrington has been the lead author on multiple peer-reviewed technical articles published by the Society of
Automotive Engineers (SAE) in the fields of accident reconstruction, aerial imaging, photogrammetry, and three-
dimensional laser scanning. In addition, he has been honored by the SAE as a subject-matter expert to peer-review
his colleagues’ work for potential publication in the SAE Journal. Mr. Harrington has been selected to present to
his peers at the Event Data Recorder Summit on the topics of Advanced Driver Assistance Systems (ADAS), Event
Data Recorders, and Infotainment Systems. He has been published in Collision Magazine.
Mr. Harrington is a nationally certified firefighter and emergency first responder (NFPA 1001). He assists local
police officers with their on-scene investigations of motor and commercial vehicle collisions. Mr. Harrington
receives ongoing driver training on the operation of emergency commercial vehicles and commercial vehicle
dynamics, and has completed the Emergency Vehicle Driver Training course. He is an experienced test engineer
who has led multiple static and dynamic testing programs, including testing sponsored by the National Institute
for Occupational Safety and Health (NIOSH). This testing was used to develop an SAE Surface Vehicle
Recommended Practice (J3043) to improve occupant survivability within the patient compartment of ambulances
during collision events. In addition, Mr. Harrington consulted with the National Hockey League as an investigator
on a Research & Development program to evaluate player safety within the sport.
Mr. Harrington’s academic, professional, and emergency first responder experience represents a unique
combination of knowledge in the fields of accident reconstruction and crashworthiness. Currently, he specializes
in the investigation of all types of motor and commercial collisions, including, but not limited to, commercial
vehicle accident reconstruction, Advanced Driver Assistance Systems (ADAS), pedestrian impact trajectory
analysis, imaging of event data recorders in commercial and passenger vehicles, automotive fraud, and
determination of liability.
AREAS OF SPECIALTY
Accident Reconstruction Heavy Truck Accident Reconstruction
EDR (Black Box) Imaging & Analysis Heavy Truck EDR (Black Box) Imaging & Analysis
Advanced Driver Assistance Systems (ADAS) Heavy Truck Inspections & Maintenance
Photogrammetry & Aerial Imaging using sUAS Commercial Vehicle Driver Behavior
Pedestrian/Bicycle Accident Analysis Infotainment/Telematics/Fleet Management
Roadway/Highway Design & Transportation Emergency Vehicle Accident Reconstruction
Seat Belts and Inflatable Restraints Crashworthiness and Occupant Crash Protection
Occupant Kinematics and Injury Mechanisms 3D Laser Scanning, Visuals & Animations
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CURRICULUM VITAE | Shawn F. Harrington, B.S.E.S.M., ACTAR
Page 2
EDUCATION / TRAINING / CERTIFIC ATIONS
Bachelor of Science with Honors in Engineering Science and Mechanics, Pennsylvania State University
Heavy Vehicle Forensic Mechanical Inspection for Collision Investigators, Northwestern University Center
for Public Safety, Poland, Maine
Federal Aviation Administration (FAA) Part 107 Small Uas Recurrent, Course Number ALC-677
Pennsylvania Certified Vehicle Safety Inspector, Trucks Over 17,000 Pounds/Trailers Over 10,000
Pounds/Buses, ID Number 92017464
Pennsylvania Certified Vehicle Safety Inspector, Passenger Cars/Trucks 17,000 Pounds or Less/Trailers
10,000 Pounds or Less, ID Number 92017464
Pennsylvania Safety Inspection Mechanic Training Program, Lehigh Career & Technical Institute
EDCRASH Reconstruction Course, Engineering Dynamics Corporation
Pix4DMapper Essentials Course & Certification, Pix4D
Advanced Photogrammetry for Collision Reconstruction, Lightpoint Scientific, Orlando, Florida
Federal Aviation Administration (FAA) Part 107 Remote Pilot Training, Drone Launch Academy
Forensic Photography, Pennsylvania Center for Photography, Penns Park, Pennsylvania
Introduction to Highly Automated Vehicles, Society of Automotive Engineers, Detroit, Michigan
Commercial Vehicle Driver’s License, Pennsylvania
Vehicle System Forensics, Berla Corporation, Annapolis, Maryland
Accessing and Interpreting Heavy Vehicle Event Data Recorders, Society of Automotive Engineers, Oxnard,
California
Event Data Recorder Use in Traffic Crash Reconstruction, Institution of Police Technology and
Management, University of North Florida
Traffic Crash Reconstruction, Institution of Police Technology and Management, University of North
Florida
Firefighter 1 National Pro Board Certification (NFPA 1001), Department of Public Safety, Bucks County
Community College
Emergency Vehicle Driver Training (EVDT) VFIS, Department of Public Safety, Bucks County Community
College
Emergency Vehicle Driver Training (EVDT) VFIS Refresher, Department of Public Safety, Bucks County
Community College
Dynamics of Emergency Vehicle Response, Bucks County Community College
Drive to Survive: Fire Apparatus Crash Avoidance, Pennsylvania Department of Health
Propane Autogas Vehicles: What Emergency Responders Need to Know, Rhoads Energy & ROUSH
CleanTech
Front Seat Rider-Fire Unit Officer, Harrisburg Area Community College
Basic Vehicle Rescue – Awareness, Pennsylvania Department of Health
Basic Vehicle Rescue – Operations, Pennsylvania Department of Health
Basic Vehicle Rescue – Technician, Pennsylvania Department of Health
Basic Vehicle Rescue Technician Certification, Certification Number: 225019, Pennsylvania Department of
Health
Basic Vehicle Rescue Refresher Practical, Bucks County Community College
Hazardous Materials Awareness Level (NFPA 472), Pro Board Certified
Forensic Rock
sharrington@forensicrock.com
(215) 620-1288
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Page 3
Hazardous Materials Operations Level (NFPA 472), Pro Board Certified
Hazmat Ops. Level Annual Refresh (HMOR), Bucks County Community College
Rescue Winch Awareness, ESI Equipment, Inc.
Pump Operations 1, Bucks County Community College
PROFESSIONAL EXPERIENCE
June 2019 – Present | Forensic Rock | Principal Accident Reconstructionist & Founder
Investigates and reconstructs motor and commercial vehicle collisions
Images Event Data Recorders in commercial and passenger vehicles
Studies pedestrian and bicyclist interactions with motor and commercial vehicles
Documents and analyzes evidence utilizing 3D Laser Scanning hardware and software
Documents and analyzes evidence using small Unmanned Aerial Systems & photogrammetry software
Animates 3D visuals from accident reconstruction analyses
Assesses occupant motion and vehicle dynamics in response to applied crash forces
Utilizes reconstruction software such as Pix4D, Virtual Crash, HVE, PhotoModeler, and Recap Pro
Analyzes occupant crash protection systems relating to crashworthiness
Evaluates restraint system usage and exposure to injury mechanisms in collisions
Performs vehicle, site, and evidence inspections
Acquires and analyzes data from vehicle infotainment and telematics systems
Investigates enhanced damages, staged collisions, and phantom vehicle cases
Conducts static push/pull tests, dynamic sled tests, and full-scale vehicle crash testing
Evaluates collisions in the context of roadway/highway design and transportation engineering
January 2007 – June 2019 | ARCCA, Incorporated | Director of Accident Reconstruction
Investigated and reconstructed motor and commercial vehicle collisions
Imaged Event Data Recorders in commercial and passenger vehicles
Acquired and analyzed data from vehicle infotainment and telematics systems
Documented and analyzed evidence utilizing 3D Laser Scanning hardware and software
Animated 3D visuals from accident reconstruction analyses
Assessed occupant motion and vehicle dynamics in response to applied crash forces
Utilized reconstruction software such as EDCRASH, EDSMAC, and SCENE
Studied pedestrian and bicyclist interactions with motor and commercial vehicles
Analyzed occupant crash protection systems relating to crashworthiness
Evaluated restraint system usage and exposure to injury mechanisms in collisions
Performed vehicle, site, and evidence inspections
Investigated enhanced damages, staged collisions, and phantom vehicle cases
Conducted static push/pull tests, dynamic sled tests, and full-scale vehicle crash testing
Evaluated collisions in the context of roadway/highway design and transportation engineering
Forensic Rock
sharrington@forensicrock.com
(215) 620-1288
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CURRICULUM VITAE | Shawn F. Harrington, B.S.E.S.M., ACTAR
Page 4
March 2012 – Present | Lingohocken Fire Company | Volunteer Firefighter & Officer
Current and past positions include Vice President, Training Officer, Lieutenant, Secretary, Building
Committee, Standard Operating Procedures (SOP) Committee
Responds to emergency situations as an officer and/or driver of commercial apparatus
Conducts inspections and performs maintenance for a fleet of six heavy trucks
Promoted to Training Officer and oversaw and designed training for members
Participates in ongoing training in relation to firefighting, heavy vehicle operation, emergency vehicle
driving, pump operations, vehicle rescue, and heavy vehicle incident safety
May 2006 – August 2006 | Advent Design Corporation | Engineering Intern
Designed and assembled machines for a robotics project for the United States Mint
Worked with mechanical, electrical, and software engineers on a variety of projects
Troubleshot and debugged pharmaceutical, mechanical, and robotic machines
Utilized computer-aided design software to design machine components
PROFESSIONAL AFFILIATIONS
Society of Automotive Engineers (SAE)
National Association of Professional Accident Reconstruction Specialists (NAPARS)
PUBLICATIONS
Harrington, S.F. An Overview of the Subaru Eyesight Advanced Driver Assistance System. Collision: The
International Compendium of Crash Research, Volume 15, Issue 1, 2021.
Harrington, S.F. Identifying Infotainment Systems for Use in Accident Reconstruction. Collision: The International
Compendium of Crash Research, Volume 13, Issue 2, 2019.
Harrington S.F., Lebak, G. The Placement of Digitized Objects in a Point Cloud as a Photogrammetric Technique
(09-06-02-0007). Society of Automotive Engineers, Warrendale, Pennsylvania.
Harrington S.F., Teitelman, J., et al. Validating Google Earth Pro As a Scientific Utility for Use in Accident
Reconstruction (2017-01-9750). Society of Automotive Engineers, Warrendale, Pennsylvania.
Harrington, S.F., Sicher, L.A., Brem, W.J. (2014, September). Lights, Camera, Crash – The Story of a Staged Crash.
Claims Magazine, 62 (9), 24-28.
SAE J3043, Ambulance Equipment Mount Device or Systems, Ground Vehicle Standard J3043_201407, Truck
Crashworthiness Committee, July 14, 2014.
Eisentraut, D. K., Markushewski, M. L., Harrington, S.F., (2012). Investigating Vehicle-Pedestrian Collisions with
Accident Reconstruction. The Legal Intelligencer, Philadelphia, PA.
Green, J. (NIOSH), Moore, P. (NIOSH), Current, R. (NIOSH), Harrington, S.F. (ARCCA), Sicher, L. (ARCCA), Whitman,
G. (ARCCA) and Shultz, J. (ARCCA). Civilian Ambulance Patient Compartment Delethalization.
COURSE INSTRUCTION
Harrington, S.F. & Hefflefinger, M. A Primer on the Newest Area in Trucking Litigation: Collision Mitigation
Systems. American Trucking Association (ATA) Litigation Center Trucking Legal Forum, Austin, TX, July 2022.
Harrington, S.F., Wohltmann, D., Hefflefinger, M., & Hartman, M. When Your Trucking Case Turns into a Products
Case. Defense Research Institute (DRI), Austin, TX, April 2022.
Forensic Rock
sharrington@forensicrock.com
(215) 620-1288
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CURRICULUM VITAE | Shawn F. Harrington, B.S.E.S.M., ACTAR
Page 5
Harrington, S.F. An Update on CAT Testing & Performance. Attorneys Information Exchange Group, Asheville, NC,
July 2021.
Harrington, S.F. Infotainment in Passenger Vehicles. Attorneys Information Exchange Group, Webinar, March
2021.
Harrington, S.F. Using Advanced Driver Assistance Systems in Passenger & Commercial Vehicles as a Subrogation
Technique. National Association of Subrogation Professionals, Webinar, November 2020. (For CE Credits)
Harrington, S.F. An Update on Advanced Driver Assistance Systems in Commercial Vehicles. Freeman, Mathis &
Gary Trucking & Transportation Symposium, Webinar, November 2020. (For CE Credits)
Harrington, S.F. Collision Avoidance Technology Testing. Attorneys Information Exchange Group, Webinar,
October 2020.
Harrington, S.F. An Overview and Testing of Subaru Advanced Driver Assistance Systems. Event Data Retrieval
(EDR) Summit, Houston, TX, March 2020. (For CE Credits)
Harrington, S.F. Infotainment & EDR Correlation. Event Data Retrieval (EDR) Summit, Houston, TX, March 2019.
(For CE Credits)
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Esurance, Tampa, FL,
November 2018.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Erie Insurance, Erie, PA,
November 2018.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. International Association of
Insurance Professionals, Pittsburgh, PA, October 2018.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Alabama IASIU, Birmingham,
AL, October 2018.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Ohio IASIU, Columbus, OH,
October 2018.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Sentry Insurance, Stevens
Point, WI, September 2018.
Harrington, S.F. Automotive Technology & Distracted Driving. Drive Smart Virginia, Richmond, VA, September
2018.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. International Association of
Auto Theft Investigators, Pittsburgh, PA, August 2018.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. International Association of
Financial Crimes Investigators, Montville, CT, June 2018.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. New Jersey State Police,
Central NJ, June 2018.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Timoney Knox Seminar,
Valley Forge, PA, June 2018.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. FIFEC, Orlando, FL, June
2018. (For CE Credits)
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. New Jersey Manufacturer’s
Insurance, West Trenton, NJ, April 2018.
Forensic Rock
sharrington@forensicrock.com
(215) 620-1288
FILED: SUFFOLK COUNTY CLERK 02/09/2023 08:49 PM INDEX NO. 038664/2012
NYSCEF DOC. NO. 499 RECEIVED NYSCEF: 02/09/2023
CURRICULUM VITAE | Shawn F. Harrington, B.S.E.S.M., ACTAR
Page 6
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. USAA, Tampa, FL, May 2018.
(For CE Credits)
Harrington, S.F. Reconstructing Heavy Truck Collisions. ARCCA Transportation Seminar, Penns Park, PA, May 2018.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Texas IASIU, Dallas, TX, May
2018. (For CE Credits)
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Iowa/Nebraska IASIU, Des
Moines, IA, April 2018.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Pennsylvania IASIU, Pocono
Manor, PA, April 2018.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Westfield Insurance,
Westfield, OH, April 2018.
Harrington, S.F. Autonomous Vehicles & an Update in Vehicle Technology. Erie Insurance, Warrendale, PA, April
2018.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Liberty Mutual, Lake Mary,
FL, March 2018.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Liberty Mutual, Dallas, TX,
March 2018.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Liberty Mutual, Marlton, NJ,
March 2018.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Georgia IASIU, Kennesaw,
GA, March 2018.
Harrington, S.F. Your Vehicle Has an Infotainment System – Now What? Event Data Retrieval (EDR) Summit,
Houston, TX, March 2018. (For CE Credits)
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Pittsburgh IASIU, Pittsburgh,
PA, February 2018.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Jacksonville Claims
Association, Jacksonville, FL, January 2018.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. GEICO, Virginia Beach, VA,
January 2018.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. National Insurance Crime
Bureau, Ocala, FL, January 2018.
Harrington, S.F. Accident Reconstruction and EDR (Black Box). Liberty Mutual, Webinar, January 2018.
Harrington, S.F., Kline, S.K. Reconstructing Heavy Truck Collisions. Citadel Risk Management, Fairfield, NJ,
December 2017.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Progressive Insurance,
Iselin, NJ, December 2017.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Auto-Owner’s Insurance,
Stuart, FL, December 2017. (For CE credits)
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. NICB, Rocky Hill, CT,
November 2017.
Forensic Rock
sharrington@forensicrock.com
(215) 620-1288
FILED: SUFFOLK COUNTY CLERK 02/09/2023 08:49 PM INDEX NO. 038664/2012
NYSCEF DOC. NO. 499 RECEIVED NYSCEF: 02/09/2023
CURRICULUM VITAE | Shawn F. Harrington, B.S.E.S.M., ACTAR
Page 7
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Acceptance Insurance,
Nashville, TN, November 2017. (For CE credits)
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. NJSIA, Atlantic City, NJ,
October 2017.
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. IASIU, New Orleans, LA,
September 2018. (For CE credits)
Harrington, S.F. Investigating & Reconstructing Motor Vehicle Accidents. Erie Insurance, Warrendale, PA, August
2017. (For CLE and CE credits)
Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Jacksonville Claims
Association, Jacksonville, FL, July 2017.
Harrington, S.F. Black Box, Infotainment and Telematics Vehicle Systems Forensics. Florida Insurance Fraud
Education Committee Conference, Orlando, FL, June 2017. (For CLE and CE Credits)
Harrington, S.F. Black Box, Infotainment and Telematics Vehicle Systems Forensics. NEIASIU, Boxborough, MA,
June 2017.
Harrington, S.F. Infotainment and Telematics Vehicle Systems Forensics. TT&H Claims Symposium, Harrisburg, PA,
May 2017. (For CE and CLE Credits)
Harrington, S.F. Accident Reconstruction – Automotive Fraud, Black Box, and Infotainment and Telematics
Systems. Progressive Insurance Group, Plymouth Meeting, PA, May 2017.
Harrington, S.F. Accident Reconstruction – Automotive Fraud, Black Box, and Infotainment and Telematics
Systems. Allstate Insurance Group, Doral, FL, May 2017.
Harrington, S.F. Heavy Trucking, Heavy Trucking EDR, Automotive Fraud, Biomechanics, and Black Box. Criterion
Insurance, Omaha, NE, May 2017.
Harrington, S.F. Accident Reconstruction – Automotive Fraud, Black Box, and Infotainment and Telematics
Systems. Donagel Insurance Group, Lancaster, PA, May 2017.
Harrington, S.F. Top Ten Seminar: Autonomous Vehicles. NJAJ Boardwalk Seminar, Atlantic City, NJ, April 2017.
Harrington, S.F. Accident Reconstruction – Infotainment and Telematics Systems & Autonomous Vehicles. NJAJ
Boardwalk Seminar, Atlantic City, NJ, April 2017.
Harrington, S.F. Accident Reconstruction – Automotive Fraud, Black Box, and Infotainment and Telematics
Systems. American Family Insurance Webinar, Philadelphia, PA, April 2017.
Harrington, S.F. Accident Reconstruction – Automotive Fraud, Black Box, and Infotainment and Telematics
Systems. IASIU Webinar, Philadelphia, PA, April 2017.
Harrington, S.F. Accident Reconstruction – Automotive Fraud, Black Box, and Infotainment and Telematics
Systems. P.A.C.I.A, Philadelphia, PA, January 2017.
Harrington, S.F. Accident Reconstruction – Fraud: Enhanced Damages, Staged Collisions & Phantom Vehicles.
Selective Insurance Company, Richmond, VA, January 2017.
Preview
FILED: SUFFOLK COUNTY CLERK 02/09/2023 08:49 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 499 RECEIVED NYSCEF: 02/09/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------------------------------------------X JOHN VENTO, a minor by his Mother and Natural NOTICE OF EXPERT Guardian, KIMBERLY VENTO, Individually, WITNESS DISCLOSURE PURSUANT TO CPLR Plaintiffs, 3101(d) - against - DARNELL M. EDWARDS, ISLANDWIDE TRANSPORTATION INCORPORATED, THE TOWN OF Index No.: 38664/2012 BROOKHAVEN and OTO TRANSPORT, INC., Defendants. ----------------------------------------------------------------------X TOWN OF BROOKHAVEN Third-Party Plaintiff, - against - Index No.: 770257/2014 KIMBERLY VENTO and JOSEPH VENTO, Third-Party Defendants. ----------------------------------------------------------------------X ISLANDWIDE TRANSPORTATION INCORPORATED, Second Third-Party Plaintiff, - against - Index No.: 770270/2014 KIMBERLY VENTO and JOSEPH VENTO, Second Third-Party Defendants. ----------------------------------------------------------------------X DARNELL M. EDWARDS and OTO TRANSPORT, INC., Third Third-Party Plaintiff, - against - Index No.: 770337/2014 KIMBERLY VENTO and JOSEPH VENTO, Third Third-Party Defendants. ----------------------------------------------------------------------X LEGAL\61500216\1 FILED: SUFFOLK COUNTY CLERK 02/09/2023 08:49 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 499 RECEIVED NYSCEF: 02/09/2023 PLEASE TAKE NOTICE that Defendant/Third-Party Plaintiff TOWN OF BROOKHAVEN (“TOWN”), by and through their attorneys, COZEN O’CONNOR, hereby provides the following expert disclosure pursuant to CPLR Section 3101(d): 1. Shawn F. Harrington B.S.E.S.M., ACTAR is an accredited accident reconstructionist who may be called upon to testify at the time of trial of this action. Mr. Harrington, as Principal Accident Reconstructionist and Founder of Forensic Rock, specializes in utilizing three- dimensional laser scanning and photogrammetric techniques in collision analyses, as well as accident investigation and collision reconstruction. A copy of Mr. Harrington’s curriculum vitae is annexed hereto as Exhibit “A.” 2. Mr. Harrington’s testimony is expected to include, but not be limited to, the following: Plaintiff was operating an all-terrain vehicle (“ATV”) on the roadway in the center of Plandome Road. At impact, plaintiff’s ATV collided with the left center front of co- defendant Darnell Edwards’s taxicab. The head-on impact occurred between the front tire of the ATV and the left center front bumper of the taxicab. The impact itself occurred at the center of Plandome Road. Mr. Edwards failed to keep to the right as he traveled along Plandome Road. Plaintiff also failed to keep to the right. Plaintiff’s ATV crossed the center of Plandome Road into the oncoming lane at impact with the taxicab. The taxicab also crossed over the center of Plandome Road into the oncoming lane. 3. The position of an effective centerline was calculated based upon the boundaries of the roadway as defined by the police scaled diagram. First, the total effective width of the roadway was measured on the diagram. This measured value was then halved, and a lane marker was drawn in VCRASH halfway across the roadway. This completed the process for determining the effective centerline of the roadway for a given location. The process 2 LEGAL\61500216\1 FILED: SUFFOLK COUNTY CLERK 02/09/2023 08:49 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 499 RECEIVED NYSCEF: 02/09/2023 was then completed at various additional locations until an effective centerline was created for the area ranging from approximately 125 feet east to 125 feet west of the area of impact. 4. Mr. Harrington is expected to testify that the physical evidence provides the point of impact between the taxicab and the ATV, which was at the center of Plandome Road, the closing speed of the vehicles at impact of 35 – 39 mph, the change in velocities upon impact and the final points of rest of Plaintiff and his ATV. The accident reconstruction analysis utilized and calculated the point of impact on the roadway itself (via the debris field), the collinear mode of impact between the front wheel of plaintiff’s ATV and the front bumper of the taxicab, the point of rest of Plaintiff, as well as the trajectory of the ATV and its final point of rest. 5. One methodology of calculating the closing speeds between the two vehicles was derived from a wheelbase reduction analysis, in which the amount of crush to the taxicab was photogrammetrically analyzed along with the wheelbase reduction of the ATV. An estimated closing speed of 35 – 39 mph was determined using this analysis. This included an estimated 0.5 – 2 inches of crush to the taxicab, and 10.5 – 12 inches of crush to the ATV. It is noted that the front fork of the ATV is maximally deformed in its current state post- collision. 6. The evaluation of relative vehicle speeds is based upon on a calculation of the exit velocity of the ATV. The distance from the point of impact to the ATV’s point of final rest was measured, and a range of friction coefficient values for the sliding component of the post- impact phase were used to determine a range of possible speeds via the slide to stop formula. The estimated slide to stop speed of the ATV was approximately 16 – 21 mph. The principle of conservation of momentum and varying coefficients of restitution for the collision were 3 LEGAL\61500216\1 FILED: SUFFOLK COUNTY CLERK 02/09/2023 08:49 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 499 RECEIVED NYSCEF: 02/09/2023 also used to determine the relative pre-impact speeds of the vehicles. The resulting individual vehicle speeds were 25 – 27 mph for the ATV and 10 – 12 mph for the taxicab. 7. Upon plaintiff’s impact with the taxicab, his body continued forwards at his pre-impact trajectory with his head leading and striking near the bottom of the taxicab’s windshield. He subsequently became airborne on this same trajectory and vaulted over the hood and landed in the area of the roadway where medical supplies and blood can be observed in the police photographs. Plaintiff’s lateral place of final rest in the roadway is the same lateral placement of his body at impact with the taxicab. That is, his body was effectively traveling down the center of Plandome Road at impact. 8. Mr. Harrington is expected to present animations that demonstrate his accident reconstruction analyses. The methodology for Mr. Harrington’s animation is expected to include, but not be limited to: use of photogrammetric analysis of scene photographs using PhotoModeler software; use of VCRASH software, 3D scans of the incident site, sUAS imagery and video of the incident site, and 3D scans of exemplar vehicles. 9. Mr. Harrington determined the position of the Mercury Cougar relative to the edge of the roadway through a photogrammetric analysis of scene photographs using PhotoModeler software. Control points were marked on the site point cloud and in their corresponding locations on scene photos until a sufficient number of points existed to solve the camera locations and align the cloud with the images. Next, a best fit plane was created from the point cloud in the area on which the Mercury was parked. Surface draw points were marked on the plane at the location of the vehicle’s front and rear wheels. These points, along with all control points used to align the site point cloud with the photo, were exported from PhotoModeler as a DXF file, and imported into VCRASH. 4 LEGAL\61500216\1 FILED: SUFFOLK COUNTY CLERK 02/09/2023 08:49 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 499 RECEIVED NYSCEF: 02/09/2023 10. The point array was positioned such that the control points marked in PhotoModeler aligned with their respective locations in VCRASH. In addition, a 3D scan of an exemplar Mercury was imported into VCRASH and rotated/positioned such that it was aligned with the wheel locations established by the PhotoModeler analysis. The positioning of the Mercury was then compared with additional scene photographs and police documentation to ensure that the location determined using this methodology was consistent with what was visible in all available images. As a result of this analysis, Mr. Harrington determined that the Mercury was parked fully off of the roadway north of Plandome Road. 11. To determine the lateral positioning of the point of impact, an additional photogrammetric analysis was performed on scene photographs using PhotoModeler. As before, control points were marked on the site point cloud and in their corresponding locations on the photo until a sufficient number of points existed to determine the camera location and align the cloud with the image. A best fit plane was created in the area on which the debris field was observed in the roadway. Next, the debris field was outlined by creating surface draw points on the plane created. These points, along with all control points used to align the site point cloud with the photo, were exported from PhotoModeler as a DXF file, and imported into VCRASH. The point array was positioned such that the control points marked in PhotoModeler aligned with their respective locations in VCRASH to establish the lateral positioning of the point of impact. Data from the scaled diagram created by police was also used as part of this analysis. 12. Mr. Harrington is expected to testify that the parked Mercury Cougar on the northern side of Plandome Road was sufficiently far off of the roadway as to not constitute an obstruction to westbound traffic on Plandome Road. As such, co-defendant Darnell Edwards did not 5 LEGAL\61500216\1 FILED: SUFFOLK COUNTY CLERK 02/09/2023 08:49 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 499 RECEIVED NYSCEF: 02/09/2023 need to move the taxicab oncoming traffic to avoid the parked vehicle. This vehicle had been parked in that position for multiple days, and can be observed in historical imagery in the same position it was in on the date of the subject incident. 13. Had both operators been driving on their respective half of the roadway, this collision would have been avoided and both the taxicab and the ATV would have passed by one another in the area of the parked Mercury. Thus, Plandome Road was reasonably safe and not a contributing factor to the accident. 14. The PhotoModeler and VCRASH analyses serves as the bases for Mr. Harrington to testify concerning the respective sightlines of both drivers, the amount of time each driver had to observe one another, the geometry of the roadway, the location of the physical evidence, the location of the parked Mercury, the lateral location of the point of impact between the ATV and the taxicab on Plandome Road (in the geometric center of the roadway), the perception-response times of each driver given the collision scenario, the mode of collision for the ATV, the mode of collision for the taxicab, the post-impact kinematics of the ATV, the post-impact kinematics of the Plaintiff, the post-impact kinematics of the taxicab, the change in velocity of the ATV, the change in velocity of Plaintiff, the change in velocity of the taxicab, the forces experienced by the Plaintiff, the forces experienced by the ATV, the forces experienced by the taxicab, the movement of the taxicab from its first stop after the collision to its photographed point of final rest, the potential riding positions of Plaintiff pre- impact (a seated riding position versus a standing position), the range of speeds pre-impact for the ATV, the range of speeds of the taxicab pre-impact, and an evaluation of the testimony concerning the sequence of events of the collision. 6 LEGAL\61500216\1 FILED: SUFFOLK COUNTY CLERK 02/09/2023 08:49 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 499 RECEIVED NYSCEF: 02/09/2023 15. Mr. Harrington will testify about testing that was completed on an exemplar 125cc Coolster ATV (VIN: L6ZDCJLA9L1003505). A series of tests were performed to quantify various performance parameters associated with the ATV. The tests included: a. An acceleration test, to evaluate the maximum acceleration achievable by the ATV; b. An evasive maneuver test, to evaluate the ability of a rider to avoid an obstacle; c. A top speed test, to evaluate the maximum speed achievable by the ATV; d. A U-turn test, to evaluate the minimum time in which a rider could execute a U-turn while maintaining control of the vehicle; and e. A cruise test, to evaluate the behavior of the vehicle while cruising at moderate speeds. 16. Mr. Harrington’s testimony is expected to be based on the facts, evidence, exhibits, and testimony introduced, admitted, or made known to him at or before trial; on anticipated testimony at trial; on the facts as disclosed during the course of this lawsuit, including but not limited to, the content of pleadings, discovery, depositions, photographs of the subject accident scene, documents, reports, and records exchanged during discovery; his inspection of Plandome Road; Forensic Rock’s inspection of Plandome Road, his review of all relevant reports, records, as well as subsequent thereto; on the examinations and reports of Plaintiffs’ and Defendants’ experts; on his education, training, practice, experience and knowledge, upon his extensive experience in the field of engineering and accident reconstruction, as well as on applicable literature in the field, including traffic engineering and accident reconstruction studies, and information reasonably relied upon by others in the field. 7 LEGAL\61500216\1 FILED: SUFFOLK COUNTY CLERK 02/09/2023 08:49 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 499 RECEIVED NYSCEF: 02/09/2023 PLEASE TAKE NOTICE that the above referenced expert witness may be called in response to and in rebuttal of any issues raised during the course of trial that relates to or concerns his area of expertise. PLEASE TAKE FURTHER NOTICE that Defendant/Third-Party Plaintiff reserves its right to amend and/or supplement the foregoing response up to and including at the trial of this action upon information obtained and/or proof developed after the date of this disclosure. Defendant also reserves its right to name additional and/or other expert witnesses. Dated: February 9, 2023 COZEN O’CONNOR By: _______________________________________ Daniel J. Goodstadt Counsel for Defendant/Third-Party Plaintiff TOWN OF BROOKHAVEN 3 WTC, 175 Greenwich Street, 55th Floor New York, New York 10007 (212) 509-9400 TO: cpfenno@arfdlaw.com Craig P. Fenno, Esq. AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorney for Plaintiffs/and Third-Party Defendants KIMBERLY VENTO and JOHN VENTO 600 Third Avenue New York, NY 10016 212.593.6700 attorneys@brianjmcgovernlaw.com Brian J. McGovern, Esq. The Law Offices of Brian J. McGovern, LLC Attorneys for Defendant/Third-Party Plaintiff Darnell M. Edwards and Oto Transport 15 Maiden Lane, Suite 2000 New York, New York 10038 8 LEGAL\61500216\1 FILED: SUFFOLK COUNTY CLERK 02/09/2023 08:49 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 499 RECEIVED NYSCEF: 02/09/2023 EXHIBIT A FILED: SUFFOLK COUNTY CLERK 02/09/2023 08:49 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 499 RECEIVED NYSCEF: 02/09/2023 SHAWN F. HARRINGTON, B.S.E.S.M., ACTAR Forensic Rock sharrington@forensicrock.com CURRICULUM VITAE Tel: (215) 620 1288 Headquartered in Pennsylvania Principal Accident Reconstructionist & Forensic Scientist Providing Clients National Service BACKGROUND Mr. Harrington earned a Bachelor of Science degree with Honors in Engineering Science and Mechanics from the Pennsylvania State University. He is accredited as a Traffic Accident Reconstructionist by the Accreditation Committee for Traffic Accident Reconstruction (ACTAR #2570). Mr. Harrington has a Commercial Driver’s License (CDL) and operates and inspects Heavy Trucks. In addition, he is certified by the Society of Automotive Engineers (SAE) to Access and Interpret Heavy Vehicle Event Data Recorders in commercial vehicles and is certified as a BOSCH Crash Data Retrieval (CDR) Technician and Data Analyst. Mr. Harrington is actively researching, testing, and publishing on Advanced Driver Assistance Systems (ADAS) in passenger and commercial vehicles. He is also certified to acquire and analyze data from Vehicle Infotainment and Telematics systems and specializes in documenting evidence utilizing three-dimensional laser scanning and photogrammetric techniques. In addition, he is a Federal Aviation Administration (FAA) certified Remote Pilot of Small Unmanned Aircraft Systems (sUAS). Mr. Harrington has been the lead author on multiple peer-reviewed technical articles published by the Society of Automotive Engineers (SAE) in the fields of accident reconstruction, aerial imaging, photogrammetry, and three- dimensional laser scanning. In addition, he has been honored by the SAE as a subject-matter expert to peer-review his colleagues’ work for potential publication in the SAE Journal. Mr. Harrington has been selected to present to his peers at the Event Data Recorder Summit on the topics of Advanced Driver Assistance Systems (ADAS), Event Data Recorders, and Infotainment Systems. He has been published in Collision Magazine. Mr. Harrington is a nationally certified firefighter and emergency first responder (NFPA 1001). He assists local police officers with their on-scene investigations of motor and commercial vehicle collisions. Mr. Harrington receives ongoing driver training on the operation of emergency commercial vehicles and commercial vehicle dynamics, and has completed the Emergency Vehicle Driver Training course. He is an experienced test engineer who has led multiple static and dynamic testing programs, including testing sponsored by the National Institute for Occupational Safety and Health (NIOSH). This testing was used to develop an SAE Surface Vehicle Recommended Practice (J3043) to improve occupant survivability within the patient compartment of ambulances during collision events. In addition, Mr. Harrington consulted with the National Hockey League as an investigator on a Research & Development program to evaluate player safety within the sport. Mr. Harrington’s academic, professional, and emergency first responder experience represents a unique combination of knowledge in the fields of accident reconstruction and crashworthiness. Currently, he specializes in the investigation of all types of motor and commercial collisions, including, but not limited to, commercial vehicle accident reconstruction, Advanced Driver Assistance Systems (ADAS), pedestrian impact trajectory analysis, imaging of event data recorders in commercial and passenger vehicles, automotive fraud, and determination of liability. AREAS OF SPECIALTY Accident Reconstruction Heavy Truck Accident Reconstruction EDR (Black Box) Imaging & Analysis Heavy Truck EDR (Black Box) Imaging & Analysis Advanced Driver Assistance Systems (ADAS) Heavy Truck Inspections & Maintenance Photogrammetry & Aerial Imaging using sUAS Commercial Vehicle Driver Behavior Pedestrian/Bicycle Accident Analysis Infotainment/Telematics/Fleet Management Roadway/Highway Design & Transportation Emergency Vehicle Accident Reconstruction Seat Belts and Inflatable Restraints Crashworthiness and Occupant Crash Protection Occupant Kinematics and Injury Mechanisms 3D Laser Scanning, Visuals & Animations FILED: SUFFOLK COUNTY CLERK 02/09/2023 08:49 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 499 RECEIVED NYSCEF: 02/09/2023 CURRICULUM VITAE | Shawn F. Harrington, B.S.E.S.M., ACTAR Page 2 EDUCATION / TRAINING / CERTIFIC ATIONS Bachelor of Science with Honors in Engineering Science and Mechanics, Pennsylvania State University Heavy Vehicle Forensic Mechanical Inspection for Collision Investigators, Northwestern University Center for Public Safety, Poland, Maine Federal Aviation Administration (FAA) Part 107 Small Uas Recurrent, Course Number ALC-677 Pennsylvania Certified Vehicle Safety Inspector, Trucks Over 17,000 Pounds/Trailers Over 10,000 Pounds/Buses, ID Number 92017464 Pennsylvania Certified Vehicle Safety Inspector, Passenger Cars/Trucks 17,000 Pounds or Less/Trailers 10,000 Pounds or Less, ID Number 92017464 Pennsylvania Safety Inspection Mechanic Training Program, Lehigh Career & Technical Institute EDCRASH Reconstruction Course, Engineering Dynamics Corporation Pix4DMapper Essentials Course & Certification, Pix4D Advanced Photogrammetry for Collision Reconstruction, Lightpoint Scientific, Orlando, Florida Federal Aviation Administration (FAA) Part 107 Remote Pilot Training, Drone Launch Academy Forensic Photography, Pennsylvania Center for Photography, Penns Park, Pennsylvania Introduction to Highly Automated Vehicles, Society of Automotive Engineers, Detroit, Michigan Commercial Vehicle Driver’s License, Pennsylvania Vehicle System Forensics, Berla Corporation, Annapolis, Maryland Accessing and Interpreting Heavy Vehicle Event Data Recorders, Society of Automotive Engineers, Oxnard, California Event Data Recorder Use in Traffic Crash Reconstruction, Institution of Police Technology and Management, University of North Florida Traffic Crash Reconstruction, Institution of Police Technology and Management, University of North Florida Firefighter 1 National Pro Board Certification (NFPA 1001), Department of Public Safety, Bucks County Community College Emergency Vehicle Driver Training (EVDT) VFIS, Department of Public Safety, Bucks County Community College Emergency Vehicle Driver Training (EVDT) VFIS Refresher, Department of Public Safety, Bucks County Community College Dynamics of Emergency Vehicle Response, Bucks County Community College Drive to Survive: Fire Apparatus Crash Avoidance, Pennsylvania Department of Health Propane Autogas Vehicles: What Emergency Responders Need to Know, Rhoads Energy & ROUSH CleanTech Front Seat Rider-Fire Unit Officer, Harrisburg Area Community College Basic Vehicle Rescue – Awareness, Pennsylvania Department of Health Basic Vehicle Rescue – Operations, Pennsylvania Department of Health Basic Vehicle Rescue – Technician, Pennsylvania Department of Health Basic Vehicle Rescue Technician Certification, Certification Number: 225019, Pennsylvania Department of Health Basic Vehicle Rescue Refresher Practical, Bucks County Community College Hazardous Materials Awareness Level (NFPA 472), Pro Board Certified Forensic Rock sharrington@forensicrock.com (215) 620-1288 FILED: SUFFOLK COUNTY CLERK 02/09/2023 08:49 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 499 RECEIVED NYSCEF: 02/09/2023 CURRICULUM VITAE | Shawn F. Harrington, B.S.E.S.M., ACTAR Page 3 Hazardous Materials Operations Level (NFPA 472), Pro Board Certified Hazmat Ops. Level Annual Refresh (HMOR), Bucks County Community College Rescue Winch Awareness, ESI Equipment, Inc. Pump Operations 1, Bucks County Community College PROFESSIONAL EXPERIENCE June 2019 – Present | Forensic Rock | Principal Accident Reconstructionist & Founder Investigates and reconstructs motor and commercial vehicle collisions Images Event Data Recorders in commercial and passenger vehicles Studies pedestrian and bicyclist interactions with motor and commercial vehicles Documents and analyzes evidence utilizing 3D Laser Scanning hardware and software Documents and analyzes evidence using small Unmanned Aerial Systems & photogrammetry software Animates 3D visuals from accident reconstruction analyses Assesses occupant motion and vehicle dynamics in response to applied crash forces Utilizes reconstruction software such as Pix4D, Virtual Crash, HVE, PhotoModeler, and Recap Pro Analyzes occupant crash protection systems relating to crashworthiness Evaluates restraint system usage and exposure to injury mechanisms in collisions Performs vehicle, site, and evidence inspections Acquires and analyzes data from vehicle infotainment and telematics systems Investigates enhanced damages, staged collisions, and phantom vehicle cases Conducts static push/pull tests, dynamic sled tests, and full-scale vehicle crash testing Evaluates collisions in the context of roadway/highway design and transportation engineering January 2007 – June 2019 | ARCCA, Incorporated | Director of Accident Reconstruction Investigated and reconstructed motor and commercial vehicle collisions Imaged Event Data Recorders in commercial and passenger vehicles Acquired and analyzed data from vehicle infotainment and telematics systems Documented and analyzed evidence utilizing 3D Laser Scanning hardware and software Animated 3D visuals from accident reconstruction analyses Assessed occupant motion and vehicle dynamics in response to applied crash forces Utilized reconstruction software such as EDCRASH, EDSMAC, and SCENE Studied pedestrian and bicyclist interactions with motor and commercial vehicles Analyzed occupant crash protection systems relating to crashworthiness Evaluated restraint system usage and exposure to injury mechanisms in collisions Performed vehicle, site, and evidence inspections Investigated enhanced damages, staged collisions, and phantom vehicle cases Conducted static push/pull tests, dynamic sled tests, and full-scale vehicle crash testing Evaluated collisions in the context of roadway/highway design and transportation engineering Forensic Rock sharrington@forensicrock.com (215) 620-1288 FILED: SUFFOLK COUNTY CLERK 02/09/2023 08:49 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 499 RECEIVED NYSCEF: 02/09/2023 CURRICULUM VITAE | Shawn F. Harrington, B.S.E.S.M., ACTAR Page 4 March 2012 – Present | Lingohocken Fire Company | Volunteer Firefighter & Officer Current and past positions include Vice President, Training Officer, Lieutenant, Secretary, Building Committee, Standard Operating Procedures (SOP) Committee Responds to emergency situations as an officer and/or driver of commercial apparatus Conducts inspections and performs maintenance for a fleet of six heavy trucks Promoted to Training Officer and oversaw and designed training for members Participates in ongoing training in relation to firefighting, heavy vehicle operation, emergency vehicle driving, pump operations, vehicle rescue, and heavy vehicle incident safety May 2006 – August 2006 | Advent Design Corporation | Engineering Intern Designed and assembled machines for a robotics project for the United States Mint Worked with mechanical, electrical, and software engineers on a variety of projects Troubleshot and debugged pharmaceutical, mechanical, and robotic machines Utilized computer-aided design software to design machine components PROFESSIONAL AFFILIATIONS Society of Automotive Engineers (SAE) National Association of Professional Accident Reconstruction Specialists (NAPARS) PUBLICATIONS Harrington, S.F. An Overview of the Subaru Eyesight Advanced Driver Assistance System. Collision: The International Compendium of Crash Research, Volume 15, Issue 1, 2021. Harrington, S.F. Identifying Infotainment Systems for Use in Accident Reconstruction. Collision: The International Compendium of Crash Research, Volume 13, Issue 2, 2019. Harrington S.F., Lebak, G. The Placement of Digitized Objects in a Point Cloud as a Photogrammetric Technique (09-06-02-0007). Society of Automotive Engineers, Warrendale, Pennsylvania. Harrington S.F., Teitelman, J., et al. Validating Google Earth Pro As a Scientific Utility for Use in Accident Reconstruction (2017-01-9750). Society of Automotive Engineers, Warrendale, Pennsylvania. Harrington, S.F., Sicher, L.A., Brem, W.J. (2014, September). Lights, Camera, Crash – The Story of a Staged Crash. Claims Magazine, 62 (9), 24-28. SAE J3043, Ambulance Equipment Mount Device or Systems, Ground Vehicle Standard J3043_201407, Truck Crashworthiness Committee, July 14, 2014. Eisentraut, D. K., Markushewski, M. L., Harrington, S.F., (2012). Investigating Vehicle-Pedestrian Collisions with Accident Reconstruction. The Legal Intelligencer, Philadelphia, PA. Green, J. (NIOSH), Moore, P. (NIOSH), Current, R. (NIOSH), Harrington, S.F. (ARCCA), Sicher, L. (ARCCA), Whitman, G. (ARCCA) and Shultz, J. (ARCCA). Civilian Ambulance Patient Compartment Delethalization. COURSE INSTRUCTION Harrington, S.F. & Hefflefinger, M. A Primer on the Newest Area in Trucking Litigation: Collision Mitigation Systems. American Trucking Association (ATA) Litigation Center Trucking Legal Forum, Austin, TX, July 2022. Harrington, S.F., Wohltmann, D., Hefflefinger, M., & Hartman, M. When Your Trucking Case Turns into a Products Case. Defense Research Institute (DRI), Austin, TX, April 2022. Forensic Rock sharrington@forensicrock.com (215) 620-1288 FILED: SUFFOLK COUNTY CLERK 02/09/2023 08:49 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 499 RECEIVED NYSCEF: 02/09/2023 CURRICULUM VITAE | Shawn F. Harrington, B.S.E.S.M., ACTAR Page 5 Harrington, S.F. An Update on CAT Testing & Performance. Attorneys Information Exchange Group, Asheville, NC, July 2021. Harrington, S.F. Infotainment in Passenger Vehicles. Attorneys Information Exchange Group, Webinar, March 2021. Harrington, S.F. Using Advanced Driver Assistance Systems in Passenger & Commercial Vehicles as a Subrogation Technique. National Association of Subrogation Professionals, Webinar, November 2020. (For CE Credits) Harrington, S.F. An Update on Advanced Driver Assistance Systems in Commercial Vehicles. Freeman, Mathis & Gary Trucking & Transportation Symposium, Webinar, November 2020. (For CE Credits) Harrington, S.F. Collision Avoidance Technology Testing. Attorneys Information Exchange Group, Webinar, October 2020. Harrington, S.F. An Overview and Testing of Subaru Advanced Driver Assistance Systems. Event Data Retrieval (EDR) Summit, Houston, TX, March 2020. (For CE Credits) Harrington, S.F. Infotainment & EDR Correlation. Event Data Retrieval (EDR) Summit, Houston, TX, March 2019. (For CE Credits) Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Esurance, Tampa, FL, November 2018. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Erie Insurance, Erie, PA, November 2018. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. International Association of Insurance Professionals, Pittsburgh, PA, October 2018. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Alabama IASIU, Birmingham, AL, October 2018. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Ohio IASIU, Columbus, OH, October 2018. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Sentry Insurance, Stevens Point, WI, September 2018. Harrington, S.F. Automotive Technology & Distracted Driving. Drive Smart Virginia, Richmond, VA, September 2018. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. International Association of Auto Theft Investigators, Pittsburgh, PA, August 2018. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. International Association of Financial Crimes Investigators, Montville, CT, June 2018. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. New Jersey State Police, Central NJ, June 2018. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Timoney Knox Seminar, Valley Forge, PA, June 2018. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. FIFEC, Orlando, FL, June 2018. (For CE Credits) Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. New Jersey Manufacturer’s Insurance, West Trenton, NJ, April 2018. Forensic Rock sharrington@forensicrock.com (215) 620-1288 FILED: SUFFOLK COUNTY CLERK 02/09/2023 08:49 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 499 RECEIVED NYSCEF: 02/09/2023 CURRICULUM VITAE | Shawn F. Harrington, B.S.E.S.M., ACTAR Page 6 Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. USAA, Tampa, FL, May 2018. (For CE Credits) Harrington, S.F. Reconstructing Heavy Truck Collisions. ARCCA Transportation Seminar, Penns Park, PA, May 2018. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Texas IASIU, Dallas, TX, May 2018. (For CE Credits) Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Iowa/Nebraska IASIU, Des Moines, IA, April 2018. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Pennsylvania IASIU, Pocono Manor, PA, April 2018. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Westfield Insurance, Westfield, OH, April 2018. Harrington, S.F. Autonomous Vehicles & an Update in Vehicle Technology. Erie Insurance, Warrendale, PA, April 2018. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Liberty Mutual, Lake Mary, FL, March 2018. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Liberty Mutual, Dallas, TX, March 2018. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Liberty Mutual, Marlton, NJ, March 2018. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Georgia IASIU, Kennesaw, GA, March 2018. Harrington, S.F. Your Vehicle Has an Infotainment System – Now What? Event Data Retrieval (EDR) Summit, Houston, TX, March 2018. (For CE Credits) Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Pittsburgh IASIU, Pittsburgh, PA, February 2018. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Jacksonville Claims Association, Jacksonville, FL, January 2018. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. GEICO, Virginia Beach, VA, January 2018. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. National Insurance Crime Bureau, Ocala, FL, January 2018. Harrington, S.F. Accident Reconstruction and EDR (Black Box). Liberty Mutual, Webinar, January 2018. Harrington, S.F., Kline, S.K. Reconstructing Heavy Truck Collisions. Citadel Risk Management, Fairfield, NJ, December 2017. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Progressive Insurance, Iselin, NJ, December 2017. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Auto-Owner’s Insurance, Stuart, FL, December 2017. (For CE credits) Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. NICB, Rocky Hill, CT, November 2017. Forensic Rock sharrington@forensicrock.com (215) 620-1288 FILED: SUFFOLK COUNTY CLERK 02/09/2023 08:49 PM INDEX NO. 038664/2012 NYSCEF DOC. NO. 499 RECEIVED NYSCEF: 02/09/2023 CURRICULUM VITAE | Shawn F. Harrington, B.S.E.S.M., ACTAR Page 7 Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Acceptance Insurance, Nashville, TN, November 2017. (For CE credits) Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. NJSIA, Atlantic City, NJ, October 2017. Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. IASIU, New Orleans, LA, September 2018. (For CE credits) Harrington, S.F. Investigating & Reconstructing Motor Vehicle Accidents. Erie Insurance, Warrendale, PA, August 2017. (For CLE and CE credits) Harrington, S.F. Accident Reconstruction, EDR (Black Box), and Infotainment Systems. Jacksonville Claims Association, Jacksonville, FL, July 2017. Harrington, S.F. Black Box, Infotainment and Telematics Vehicle Systems Forensics. Florida Insurance Fraud Education Committee Conference, Orlando, FL, June 2017. (For CLE and CE Credits) Harrington, S.F. Black Box, Infotainment and Telematics Vehicle Systems Forensics. NEIASIU, Boxborough, MA, June 2017. Harrington, S.F. Infotainment and Telematics Vehicle Systems Forensics. TT&H Claims Symposium, Harrisburg, PA, May 2017. (For CE and CLE Credits) Harrington, S.F. Accident Reconstruction – Automotive Fraud, Black Box, and Infotainment and Telematics Systems. Progressive Insurance Group, Plymouth Meeting, PA, May 2017. Harrington, S.F. Accident Reconstruction – Automotive Fraud, Black Box, and Infotainment and Telematics Systems. Allstate Insurance Group, Doral, FL, May 2017. Harrington, S.F. Heavy Trucking, Heavy Trucking EDR, Automotive Fraud, Biomechanics, and Black Box. Criterion Insurance, Omaha, NE, May 2017. Harrington, S.F. Accident Reconstruction – Automotive Fraud, Black Box, and Infotainment and Telematics Systems. Donagel Insurance Group, Lancaster, PA, May 2017. Harrington, S.F. Top Ten Seminar: Autonomous Vehicles. NJAJ Boardwalk Seminar, Atlantic City, NJ, April 2017. Harrington, S.F. Accident Reconstruction – Infotainment and Telematics Systems & Autonomous Vehicles. NJAJ Boardwalk Seminar, Atlantic City, NJ, April 2017. Harrington, S.F. Accident Reconstruction – Automotive Fraud, Black Box, and Infotainment and Telematics Systems. American Family Insurance Webinar, Philadelphia, PA, April 2017. Harrington, S.F. Accident Reconstruction – Automotive Fraud, Black Box, and Infotainment and Telematics Systems. IASIU Webinar, Philadelphia, PA, April 2017. Harrington, S.F. Accident Reconstruction – Automotive Fraud, Black Box, and Infotainment and Telematics Systems. P.A.C.I.A, Philadelphia, PA, January 2017. Harrington, S.F. Accident Reconstruction – Fraud: Enhanced Damages, Staged Collisions & Phantom Vehicles. Selective Insurance Company, Richmond, VA, January 2017.