Preview
FILED: ULSTER COUNTY CLERK 06/01/2023 04:11 PM INDEX NO. EF2016-3102
NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/01/2023
EXHIBIT 21
FILED: ULSTER COUNTY CLERK 06/01/2023 04:11 PM INDEX NO. EF2016-3102
NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/01/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ULSTER
-------------------------------------------------------------------X
RICHARD JANOF, Index No.: EF2016-3102
Plaintiff, CPLR 3101(d) EXPERT
-against- WITNESS DISCLOSURE
AUTO WAREHOUSE, HANS AUTO SERVICE,
BMW OF NORTH AMERICA, LLC, BAYERISCHE
MOTOREN WERKE AG a/k/a BMW AG,
AUTOLIV INC., and AUTOLIV B.V. & CO. KG a/k/a
AUTOLIV GMBH,
Defendants.
-------------------------------------------------------------------X
PLEASE TAKE NOTICE that Defendants BMW OF NORTH AMERICA, LLC (“BMW
NA”) and BAYERISCHE MOTOREN WERKE AG (“BMW AG”), (collectively, “BMW”), by
their attorneys Biedermann Hoenig Semprevivo, A Professional Corporation, as and for an Expert
Witness Disclosure pursuant to CPLR 3101(d), set forth as follows:
1. Identity of Expert Witness
BMW intends to call to call Nathan T. Dorris, Ph.D., CPE, as an expert witness in the
fields of human factors (ergonomics) and warnings.
Nathan T. Dorris, Ph.D., CPE
Dorris and Associates International, LLC
1360 Peachtree Street NE, Suite 1150
Atlanta, Georgia 30309
2. Subject Matter of Expert Testimony
Dr. Dorris is expected to testify about his analysis of the instructions and warnings provided
with Plaintiff Richard Janof’s (“Plaintiff”) 2008 MINI Clubman S vehicle (the “Subject Vehicle”);
his review of NHTSA’s development of mandated safety information for air bags in motor vehicles
sold in the United States; and his opinion that BMW’s instructions and warnings for the Subject
1
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NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/01/2023
Vehicle’s airbag system are reasonable and appropriate in terms of communication, presentation,
and content.
3. Substance of Facts and Opinions Upon Which Expert Is Expected to Testify
The substance of the facts and opinions upon which Dr. Dorris is expected to testify are
summarized as follows:
- From a human factors perspective, the warnings and instructions associated with the airbag
system of the Subject Vehicle are reasonable and appropriate in terms of method of
communication, presentation and content.
- Safety information was communicated through mandated warning labels on the sun visors
as well as required information in the owner’s manual, using both safety symbols
(pictorials) as well as written messages.
- For example, the visor labels explicitly warn to wear seat belts and direct
occupants to the owner’s manual for more information, and the owner’s manual
warns:
- “Always maintain an adequate distance between yourself and the
airbags” (pg. 30); and
- “Even if you follow all the instructions, injuries resulting from contact
with airbags cannot be fully excluded, depending on the
circumstances” (pg. 30)
- The information is clear, direct, and explicitly states how to minimize the risk of danger by
alerting the driver of potential injuries associated when sitting too close to a deploying
airbag.
2
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- The safety messages are consistent with accepted practice in safety communications and
generally with ANSI Z535 formatting conventions. The safety messages also meet the
requirements of FMVSS 208 and are consistent with precautionary information from other
manufacturers and safety groups.
- The existing warnings are mandated and resulted from years of deliberation and evaluation
for safety messages for air bags, and represent a balance between competing safety
concerns.
- Although commentators raised eye injury concerns in the rulemaking process, NHTSA did
not require any explicit safety messages about eye injuries, “bag slap,” or any other similar
language.
- Rather, NHTSA’s goal is to provide the “basic do’s and don’ts” while avoiding information
overload and messages that may cause consumers to be unduly frightened or reject airbags.
- There is insufficient evidence in this matter for one to conclude that any different or
additional warning provided by BMW would have been noticed, read, or changed the
behavior of Plaintiff as it relates to this incident.
4. Qualifications of Expert Witness
A copy of Dr. Dorris’ curriculum vitae is annexed hereto as Exhibit “A.”
5. Summary of Grounds for Expert’s Opinion
The grounds for Dr. Dorris’ opinions include his education, background, training, and
experience in human factors engineering (ergonomics) and warnings; his membership and
participation on the ANSI Z535 main committee as well as the ANZI Z535.5 subcommittee; his
research and peer reviewed publications about the rulemakings by NHTSA concerning warnings
and instructions about air bags; his review of Plaintiff’s medical records; his review of relevant
3
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NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/01/2023
documents produced by the parties during discovery, including, but not limited to, Plaintiff’s
Verified Bills of Particulars, BMW’s design, specification, and testing documents, the police
accident report, photographs of the accident scene and Subject Vehicle; his review of the parties’
and other witness deposition transcripts and exhibits; and, his review of relevant file materials
pertaining to the instant matter.
PLEASE TAKE FURTHER NOTICE, that BMW reserves the right to supplement
and/or amend this expert disclosure, up to and through the time of trial.
Dated: New York, New York
May 12, 2023
BIEDERMANN HOENIG SEMPREVIVO,
A Professional Corporation
By: __________/s/ Joseph Kim________
Joseph Kim
One Grand Central Plaza
60 East 42nd Street, 36th Floor
New York, New York 10165
Tel: (646) 218-7560
Joseph.Kim@lawbhs.com
Attorneys for Defendants
BMW of North America, LLC, and
Bayerische Motoren Werke, AG
To: Terrence E. McCartney
MCCARTNEY STUCKY, LLC
350 Theodore Fremd Avenue, Suite 140
Rye, New York 10580
tmccartney@mc-stlaw.com
Attorneys for Plaintiff Richard Janof
4
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NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/01/2023
EXHIBIT A
FILED: ULSTER COUNTY CLERK 06/01/2023 04:11 PM INDEX NO. EF2016-3102
NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/01/2023
•
01 DORRISAND ASSOCIATESINTERNATIONAL,LLC
1360 Peachtree Street, NE Suite 1150 Atlanta, GA 30309 P 770.487.2138
Nathan T. Dorris, PhD, CPE
President & Principal Consultant
Professional Profile:
Nathan Dorris is a human factors specialist (ergonomist) with extensive professional experience
in product safety and the evaluation of instructions, warnings and other safety communications.
Dr. Dorris is a Principal Consultant for Dorris and Associates International, LLC. His primary
responsibilities include the design and implementation of product safety research, including
evaluations of human-machine interfaces as well as the usability and effectiveness of
precautionary information. Dr. Dorris represents Dorris and Associates as a member of the
ANSI Z535 main committee and he currently serves as the ANSI Z535.5 subcommittee
chairman. The Z535 series of standards pertain to the design of warning signs, labels and
various other safety communications.
Dorris and Associates have a wide variety of clients including private and public corporations,
non-profit organizations, trade associations, state and federal governmental agencies, as well as
defense and plaintiff's attorneys. Client services have been performed in the U.S., Canada, U.K.,
France, Germany, Spain, Belgium, Australia and Japan. Products manufactured and/or
distributed by these clients range from automobiles and airplanes to everyday consumer
products and children’s toys.
Dr. Dorris is also an Affiliate Professor in the Industrial and Systems Engineering Department of
Auburn University, where he has taught the graduate course in Human Factors Engineering
(HFE).
Education:
B.S., Management, Georgia Institute of Technology; Atlanta, GA (1997)
M.S., Industrial and Systems Engineering, Auburn University; Auburn, AL (2004)
Ph.D., Industrial and Systems Engineering, Auburn University; Auburn, AL (2004)
Last updated April 2021
FILED: ULSTER COUNTY CLERK 06/01/2023 04:11 PM INDEX NO. EF2016-3102
NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/01/2023
N.T. Dorris, Ph.D. Page 2
Professional Affiliations & Service:
Certified Professional Ergonomist (CPE)
American National Standards Institute (ANSI) Z535 Main Committee and Z535.5 Chairman
Human Factors and Ergonomics Society (HFES)
American Society of Safety Professionals (ASSP)
Society of Automotive Engineers (SAE)
The Institute of Industrial Engineers (IIE)
National Safety Council (NSC)
Honors & Awards:
Auburn University Presidential Graduate Research Fellowship
National Institute for Occupational Safety and Health (NIOSH) Graduate Fellowship
Alpha Pi Mu Industrial Engineering Honor Society
2003 INFORMS Doctoral Colloquium Participant
Outstanding Presentation Award, 2003 Auburn University Graduate Research Forum
Publications & Reports:
Boelhouwer, E. J., Davis, J., Franco-Watkins, A., Dorris, N. T., and Lungu,
C.(2013).Comprehension of hazard communication: Effects of pictograms on safety data sheets
and labels. Journal of Safety Research, 46,September, 145-155.
Dorris, N.T. and Burke, K.A. (2011). Mandatory airbag warnings: An updated evaluation. In
Proceedings of the Society of Automotive Engineers International World Congress , SAE 11B-
0026. Warrendale, PA: Society of Automotive Engineers.
Burke, K.A., Dorris, N.T., and Dorris, J.A. (2010). Sunscreen Labeling and Warnings: A Human
Factors Analysis. In Proceedings of the 3rd International Conference on Applied Human Factors
and Ergonomics, Miami, FL.
Dorris, N.T., Valimont, R.B, and Boelhouwer, E.J. (2007). Eye Movements While Reading
Degraded On-Product Warnings. In Proceedings of the Human Factors and Ergonomics Society
51st Annual Meeting, Santa Monica, CA: The Human Factors and Ergonomics Society.
Glasscock, N.F. and Dorris, N.T. (2006). Warning Degradation and Durability. Prepared for: The
Handbook of Warnings, edited by M.S. Wogalter. A volume in the Human Factors and
Last updated April 2021
FILED: ULSTER COUNTY CLERK 06/01/2023 04:11 PM INDEX NO. EF2016-3102
NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/01/2023
N.T. Dorris, Ph.D. Page 3
Ergonomics Series (series editor: Gavriel Salvendy). Mahwah, NJ: Lawrence Erlbaum Associates
(LEA).
Carnahan, B.J., Dorris, N.T., and Kuntz, L.A. (2005). Designing Anthropomorphic Symbols
Using Interactive Evolutionary Design. Information Design Journal and Document Design , 13(3),
pp. 179-190.
Dorris, N.T., Carnahan, B.J., Orsini, L, and Kuntz, L.A. (2004). Interactive Evolutionary Design
of Anthropomorphic Symbols. In Proceedings of the 2004 IEEE Congress on Evolutionary
Computation (CEC). New York: The Institute of Electrical and Electronics Engineers.
Carnahan, B.J. and Dorris, N.T. (2004). User-Centered Symbol Design Through Human-
Computer Collaboration. In Proceedings of the Human Factors and Ergonomics Society 48th
Annual Meeting. Santa Monica, CA: The Human Factors and Ergonomics Society.
Dorris, N.T. and Davis, J. (2003). Testing the Effects of Degradation on Comprehension of
Warnings. In Proceedings of the Human Factors and Ergonomics Society 47th Annual Meeting.
Santa Monica, CA: The Human Factors and Ergonomics Society.
Davis, J. and Dorris, N.T. (2003). Current Status of Warning Systems in Forest Harvesting
Equipment. USDA Forest Service Research Agreement No. SRS 02-CA-11330132-087.
Flynn, E., Dorris, N.T., Carnahan, B.J. and Holman, T. (2002) Medication Dispensing Errors in
Community Pharmacies: A Nationwide Study. In Proceedings of the Human Factors and
Ergonomics Society 46th Annual Meeting. Santa Monica, CA: The Human Factors and
Ergonomics Society.
Dorris, A.L. and Dorris, N.T. (2001) Supporting the Warning Designer: An Automotive Case
Study. In Proceedings of the Human Factors and Ergonomics Society 45th Annual Meeting .
Santa Monica, CA: The Human Factors and Ergonomics Society.
Dorris, A.L. and Dorris, N.T. (2001). Mandatory Air Bag Warnings: A Human Factors Analysis of
Their Development. SAE 2001-01-0046. Warrendale, PA: Society of Automotive Engineers.
Presentations & Seminars:
“Safety Communications: Looking Back, Towards the Future.” Product Labeling and Compliance
Challenges Seminar, American Coatings Association. April 2021.
“The Future of Product Warnings: Some Questions Answered & Some Answers Questioned.”
American Equipment Manufacturers Product Safety & Compliance Seminar, St. Louis, MO. April
2015.
Last updated April 2021
FILED: ULSTER COUNTY CLERK 06/01/2023 04:11 PM INDEX NO. EF2016-3102
NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/01/2023
N.T. Dorris, Ph.D. Page 4
“Twenty-first Century Warnings in a Global World.” Defense Research Institute Product Liability
Conference, Washington, D.C. April 4, 2013.
“The Development of ANSI Z535.6: Presentation of Safety Messages in Collateral Materials.”
Invited Panel Member for Discussion at the Human Factors and Ergonomics Society 48 th Annual
Meeting. New Orleans, LA.
“Warning Systems in Logging Equipment.” American Society of Safety Professionals (ASSP)
Conference 2004, Las Vegas, NV.
“Identifying Relevant Symbol Design Criteria Using Interactive Evolutionary Computation.” IEC
Workshop at Genetic and Evolutionary Computation Conference (GECCO) 2004. Seattle, WA.
June, 2004.
“Developing Safety Symbols for the Workplace through Interactive Evolutionary Design.”
American Industrial Hygiene Conference & Exposition (AIHce), Atlanta, GA. 2004
“Can Loggers Understand Degraded Warning Labels?” Council on Forest Engineering (COFE)
2004 Annual Meeting. Hot Springs, AR. April, 2004.
“Developing and Evaluating Warnings for Recreational Products.” Defense Research Institute
(DRI) Product Liability Conference. New Orleans, LA. February 2004.
“Equipment Warning Signs and Symbols.” Alabama Cooperative Extension’s 2003 Professional
Logging Managers (PLM) Continuing Education Satellite Broadcast. Auburn, AL. July 24, 2003.
“The Use of Interactive Evolutionary Design (IED) to Facilitate Workplace Hazard
Communication.” IEC Workshop at Genetic and Evolutionary Computation Conference (GECCO)
2003. Chicago, IL. July 12, 2003.
“Current Status of Warning-Systems in Forest Harvesting Equipment.” National Occupational
Research Agenda (NORA) Symposium 2003: "Working Partnerships Research to Practice."
Washington, D.C. June 23, 2003.
“How Deteriorated are Warnings Associated with Forest Harvesting Equipment?” Invited
Presentation to the Society of Automotive Engineers (SAE) Committee on Forest Harvesting
Equipment. Eugene, OR. February 19, 2003.
“Warning Design & Development: A Human Factors Perspective.” Key Note Address of the
Web Sling and Tie Down Association (WSTDA) Spring 2001 Meeting. San Antonio, TX. March
14, 2001.
Last updated April 2021
Preview
FILED: ULSTER COUNTY CLERK 06/01/2023 04:11 PM INDEX NO. EF2016-3102 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/01/2023 EXHIBIT 21 FILED: ULSTER COUNTY CLERK 06/01/2023 04:11 PM INDEX NO. EF2016-3102 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ULSTER -------------------------------------------------------------------X RICHARD JANOF, Index No.: EF2016-3102 Plaintiff, CPLR 3101(d) EXPERT -against- WITNESS DISCLOSURE AUTO WAREHOUSE, HANS AUTO SERVICE, BMW OF NORTH AMERICA, LLC, BAYERISCHE MOTOREN WERKE AG a/k/a BMW AG, AUTOLIV INC., and AUTOLIV B.V. & CO. KG a/k/a AUTOLIV GMBH, Defendants. -------------------------------------------------------------------X PLEASE TAKE NOTICE that Defendants BMW OF NORTH AMERICA, LLC (“BMW NA”) and BAYERISCHE MOTOREN WERKE AG (“BMW AG”), (collectively, “BMW”), by their attorneys Biedermann Hoenig Semprevivo, A Professional Corporation, as and for an Expert Witness Disclosure pursuant to CPLR 3101(d), set forth as follows: 1. Identity of Expert Witness BMW intends to call to call Nathan T. Dorris, Ph.D., CPE, as an expert witness in the fields of human factors (ergonomics) and warnings. Nathan T. Dorris, Ph.D., CPE Dorris and Associates International, LLC 1360 Peachtree Street NE, Suite 1150 Atlanta, Georgia 30309 2. Subject Matter of Expert Testimony Dr. Dorris is expected to testify about his analysis of the instructions and warnings provided with Plaintiff Richard Janof’s (“Plaintiff”) 2008 MINI Clubman S vehicle (the “Subject Vehicle”); his review of NHTSA’s development of mandated safety information for air bags in motor vehicles sold in the United States; and his opinion that BMW’s instructions and warnings for the Subject 1 FILED: ULSTER COUNTY CLERK 06/01/2023 04:11 PM INDEX NO. EF2016-3102 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/01/2023 Vehicle’s airbag system are reasonable and appropriate in terms of communication, presentation, and content. 3. Substance of Facts and Opinions Upon Which Expert Is Expected to Testify The substance of the facts and opinions upon which Dr. Dorris is expected to testify are summarized as follows: - From a human factors perspective, the warnings and instructions associated with the airbag system of the Subject Vehicle are reasonable and appropriate in terms of method of communication, presentation and content. - Safety information was communicated through mandated warning labels on the sun visors as well as required information in the owner’s manual, using both safety symbols (pictorials) as well as written messages. - For example, the visor labels explicitly warn to wear seat belts and direct occupants to the owner’s manual for more information, and the owner’s manual warns: - “Always maintain an adequate distance between yourself and the airbags” (pg. 30); and - “Even if you follow all the instructions, injuries resulting from contact with airbags cannot be fully excluded, depending on the circumstances” (pg. 30) - The information is clear, direct, and explicitly states how to minimize the risk of danger by alerting the driver of potential injuries associated when sitting too close to a deploying airbag. 2 FILED: ULSTER COUNTY CLERK 06/01/2023 04:11 PM INDEX NO. EF2016-3102 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/01/2023 - The safety messages are consistent with accepted practice in safety communications and generally with ANSI Z535 formatting conventions. The safety messages also meet the requirements of FMVSS 208 and are consistent with precautionary information from other manufacturers and safety groups. - The existing warnings are mandated and resulted from years of deliberation and evaluation for safety messages for air bags, and represent a balance between competing safety concerns. - Although commentators raised eye injury concerns in the rulemaking process, NHTSA did not require any explicit safety messages about eye injuries, “bag slap,” or any other similar language. - Rather, NHTSA’s goal is to provide the “basic do’s and don’ts” while avoiding information overload and messages that may cause consumers to be unduly frightened or reject airbags. - There is insufficient evidence in this matter for one to conclude that any different or additional warning provided by BMW would have been noticed, read, or changed the behavior of Plaintiff as it relates to this incident. 4. Qualifications of Expert Witness A copy of Dr. Dorris’ curriculum vitae is annexed hereto as Exhibit “A.” 5. Summary of Grounds for Expert’s Opinion The grounds for Dr. Dorris’ opinions include his education, background, training, and experience in human factors engineering (ergonomics) and warnings; his membership and participation on the ANSI Z535 main committee as well as the ANZI Z535.5 subcommittee; his research and peer reviewed publications about the rulemakings by NHTSA concerning warnings and instructions about air bags; his review of Plaintiff’s medical records; his review of relevant 3 FILED: ULSTER COUNTY CLERK 06/01/2023 04:11 PM INDEX NO. EF2016-3102 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/01/2023 documents produced by the parties during discovery, including, but not limited to, Plaintiff’s Verified Bills of Particulars, BMW’s design, specification, and testing documents, the police accident report, photographs of the accident scene and Subject Vehicle; his review of the parties’ and other witness deposition transcripts and exhibits; and, his review of relevant file materials pertaining to the instant matter. PLEASE TAKE FURTHER NOTICE, that BMW reserves the right to supplement and/or amend this expert disclosure, up to and through the time of trial. Dated: New York, New York May 12, 2023 BIEDERMANN HOENIG SEMPREVIVO, A Professional Corporation By: __________/s/ Joseph Kim________ Joseph Kim One Grand Central Plaza 60 East 42nd Street, 36th Floor New York, New York 10165 Tel: (646) 218-7560 Joseph.Kim@lawbhs.com Attorneys for Defendants BMW of North America, LLC, and Bayerische Motoren Werke, AG To: Terrence E. McCartney MCCARTNEY STUCKY, LLC 350 Theodore Fremd Avenue, Suite 140 Rye, New York 10580 tmccartney@mc-stlaw.com Attorneys for Plaintiff Richard Janof 4 FILED: ULSTER COUNTY CLERK 06/01/2023 04:11 PM INDEX NO. EF2016-3102 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/01/2023 EXHIBIT A FILED: ULSTER COUNTY CLERK 06/01/2023 04:11 PM INDEX NO. EF2016-3102 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/01/2023 • 01 DORRISAND ASSOCIATESINTERNATIONAL,LLC 1360 Peachtree Street, NE Suite 1150 Atlanta, GA 30309 P 770.487.2138 Nathan T. Dorris, PhD, CPE President & Principal Consultant Professional Profile: Nathan Dorris is a human factors specialist (ergonomist) with extensive professional experience in product safety and the evaluation of instructions, warnings and other safety communications. Dr. Dorris is a Principal Consultant for Dorris and Associates International, LLC. His primary responsibilities include the design and implementation of product safety research, including evaluations of human-machine interfaces as well as the usability and effectiveness of precautionary information. Dr. Dorris represents Dorris and Associates as a member of the ANSI Z535 main committee and he currently serves as the ANSI Z535.5 subcommittee chairman. The Z535 series of standards pertain to the design of warning signs, labels and various other safety communications. Dorris and Associates have a wide variety of clients including private and public corporations, non-profit organizations, trade associations, state and federal governmental agencies, as well as defense and plaintiff's attorneys. Client services have been performed in the U.S., Canada, U.K., France, Germany, Spain, Belgium, Australia and Japan. Products manufactured and/or distributed by these clients range from automobiles and airplanes to everyday consumer products and children’s toys. Dr. Dorris is also an Affiliate Professor in the Industrial and Systems Engineering Department of Auburn University, where he has taught the graduate course in Human Factors Engineering (HFE). Education: B.S., Management, Georgia Institute of Technology; Atlanta, GA (1997) M.S., Industrial and Systems Engineering, Auburn University; Auburn, AL (2004) Ph.D., Industrial and Systems Engineering, Auburn University; Auburn, AL (2004) Last updated April 2021 FILED: ULSTER COUNTY CLERK 06/01/2023 04:11 PM INDEX NO. EF2016-3102 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/01/2023 N.T. Dorris, Ph.D. Page 2 Professional Affiliations & Service: Certified Professional Ergonomist (CPE) American National Standards Institute (ANSI) Z535 Main Committee and Z535.5 Chairman Human Factors and Ergonomics Society (HFES) American Society of Safety Professionals (ASSP) Society of Automotive Engineers (SAE) The Institute of Industrial Engineers (IIE) National Safety Council (NSC) Honors & Awards: Auburn University Presidential Graduate Research Fellowship National Institute for Occupational Safety and Health (NIOSH) Graduate Fellowship Alpha Pi Mu Industrial Engineering Honor Society 2003 INFORMS Doctoral Colloquium Participant Outstanding Presentation Award, 2003 Auburn University Graduate Research Forum Publications & Reports: Boelhouwer, E. J., Davis, J., Franco-Watkins, A., Dorris, N. T., and Lungu, C.(2013).Comprehension of hazard communication: Effects of pictograms on safety data sheets and labels. Journal of Safety Research, 46,September, 145-155. Dorris, N.T. and Burke, K.A. (2011). Mandatory airbag warnings: An updated evaluation. In Proceedings of the Society of Automotive Engineers International World Congress , SAE 11B- 0026. Warrendale, PA: Society of Automotive Engineers. Burke, K.A., Dorris, N.T., and Dorris, J.A. (2010). Sunscreen Labeling and Warnings: A Human Factors Analysis. In Proceedings of the 3rd International Conference on Applied Human Factors and Ergonomics, Miami, FL. Dorris, N.T., Valimont, R.B, and Boelhouwer, E.J. (2007). Eye Movements While Reading Degraded On-Product Warnings. In Proceedings of the Human Factors and Ergonomics Society 51st Annual Meeting, Santa Monica, CA: The Human Factors and Ergonomics Society. Glasscock, N.F. and Dorris, N.T. (2006). Warning Degradation and Durability. Prepared for: The Handbook of Warnings, edited by M.S. Wogalter. A volume in the Human Factors and Last updated April 2021 FILED: ULSTER COUNTY CLERK 06/01/2023 04:11 PM INDEX NO. EF2016-3102 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/01/2023 N.T. Dorris, Ph.D. Page 3 Ergonomics Series (series editor: Gavriel Salvendy). Mahwah, NJ: Lawrence Erlbaum Associates (LEA). Carnahan, B.J., Dorris, N.T., and Kuntz, L.A. (2005). Designing Anthropomorphic Symbols Using Interactive Evolutionary Design. Information Design Journal and Document Design , 13(3), pp. 179-190. Dorris, N.T., Carnahan, B.J., Orsini, L, and Kuntz, L.A. (2004). Interactive Evolutionary Design of Anthropomorphic Symbols. In Proceedings of the 2004 IEEE Congress on Evolutionary Computation (CEC). New York: The Institute of Electrical and Electronics Engineers. Carnahan, B.J. and Dorris, N.T. (2004). User-Centered Symbol Design Through Human- Computer Collaboration. In Proceedings of the Human Factors and Ergonomics Society 48th Annual Meeting. Santa Monica, CA: The Human Factors and Ergonomics Society. Dorris, N.T. and Davis, J. (2003). Testing the Effects of Degradation on Comprehension of Warnings. In Proceedings of the Human Factors and Ergonomics Society 47th Annual Meeting. Santa Monica, CA: The Human Factors and Ergonomics Society. Davis, J. and Dorris, N.T. (2003). Current Status of Warning Systems in Forest Harvesting Equipment. USDA Forest Service Research Agreement No. SRS 02-CA-11330132-087. Flynn, E., Dorris, N.T., Carnahan, B.J. and Holman, T. (2002) Medication Dispensing Errors in Community Pharmacies: A Nationwide Study. In Proceedings of the Human Factors and Ergonomics Society 46th Annual Meeting. Santa Monica, CA: The Human Factors and Ergonomics Society. Dorris, A.L. and Dorris, N.T. (2001) Supporting the Warning Designer: An Automotive Case Study. In Proceedings of the Human Factors and Ergonomics Society 45th Annual Meeting . Santa Monica, CA: The Human Factors and Ergonomics Society. Dorris, A.L. and Dorris, N.T. (2001). Mandatory Air Bag Warnings: A Human Factors Analysis of Their Development. SAE 2001-01-0046. Warrendale, PA: Society of Automotive Engineers. Presentations & Seminars: “Safety Communications: Looking Back, Towards the Future.” Product Labeling and Compliance Challenges Seminar, American Coatings Association. April 2021. “The Future of Product Warnings: Some Questions Answered & Some Answers Questioned.” American Equipment Manufacturers Product Safety & Compliance Seminar, St. Louis, MO. April 2015. Last updated April 2021 FILED: ULSTER COUNTY CLERK 06/01/2023 04:11 PM INDEX NO. EF2016-3102 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 06/01/2023 N.T. Dorris, Ph.D. Page 4 “Twenty-first Century Warnings in a Global World.” Defense Research Institute Product Liability Conference, Washington, D.C. April 4, 2013. “The Development of ANSI Z535.6: Presentation of Safety Messages in Collateral Materials.” Invited Panel Member for Discussion at the Human Factors and Ergonomics Society 48 th Annual Meeting. New Orleans, LA. “Warning Systems in Logging Equipment.” American Society of Safety Professionals (ASSP) Conference 2004, Las Vegas, NV. “Identifying Relevant Symbol Design Criteria Using Interactive Evolutionary Computation.” IEC Workshop at Genetic and Evolutionary Computation Conference (GECCO) 2004. Seattle, WA. June, 2004. “Developing Safety Symbols for the Workplace through Interactive Evolutionary Design.” American Industrial Hygiene Conference & Exposition (AIHce), Atlanta, GA. 2004 “Can Loggers Understand Degraded Warning Labels?” Council on Forest Engineering (COFE) 2004 Annual Meeting. Hot Springs, AR. April, 2004. “Developing and Evaluating Warnings for Recreational Products.” Defense Research Institute (DRI) Product Liability Conference. New Orleans, LA. February 2004. “Equipment Warning Signs and Symbols.” Alabama Cooperative Extension’s 2003 Professional Logging Managers (PLM) Continuing Education Satellite Broadcast. Auburn, AL. July 24, 2003. “The Use of Interactive Evolutionary Design (IED) to Facilitate Workplace Hazard Communication.” IEC Workshop at Genetic and Evolutionary Computation Conference (GECCO) 2003. Chicago, IL. July 12, 2003. “Current Status of Warning-Systems in Forest Harvesting Equipment.” National Occupational Research Agenda (NORA) Symposium 2003: "Working Partnerships Research to Practice." Washington, D.C. June 23, 2003. “How Deteriorated are Warnings Associated with Forest Harvesting Equipment?” Invited Presentation to the Society of Automotive Engineers (SAE) Committee on Forest Harvesting Equipment. Eugene, OR. February 19, 2003. “Warning Design & Development: A Human Factors Perspective.” Key Note Address of the Web Sling and Tie Down Association (WSTDA) Spring 2001 Meeting. San Antonio, TX. March 14, 2001. Last updated April 2021