Getting a weather expert involved early can save lots of time and money. CompuWeather was contacted by an attorney in an insurance subrogation lawsuit where the defendant allegedly slipped and fell on snow and ice on the outside deck of an insured’s property. The case was past the point where the subrogating attorney could file a motion for summary judgement.
CompuWeather’s expert prepared an analysis of the weather and determined that there was no pre-existing snow or ice cover present on undisturbed, untreated, exposed outdoor surfaces at the time of the incident. CompuWeather’s expert also learned through reviewing all of the case documents and deposition testimony transcripts that the deck was considered closed to pedestrian traffic for the winter and that any snow or ice that fell on the surface was never shoveled or treated.
After a thorough analysis of the surrounding weather data and Doppler radar data, CompuWeather’s expert determined that based on the data and the fact that the deck had never been disturbed or treated, there would have been no snow or ice present on the deck at the time of the alleged slip and fall. The case continued to trial and CompuWeather’s expert explained the weather findings to the judge and jury. Opposing counsel argued that the weather data used for the analysis was not from the location of incident and therefore the weather at the location could have been significantly different. CompuWeather’s expert effectively rebutted this by stating that there were National Weather Service snow and ice reports for individual storms within the period in question that were much closer to the location than the weather reporting sites, and that Doppler radar is indeed a site-specific weather source for precipitation.
The CompuWeather expert’s testimony resulted in a favorable outcome for the subrogating attorney. If a weather expert had been retained to review the case documents and analyze the weather conditions earlier in the case, a successful summary judgement may have been granted. This would have avoided a costly trial and significant amounts of time.
Give CompuWeather a call at 1 (800) 825-4445. Speak with our Certified Consulting Meteorologists and see how their expertise can add value to your legal case or claim.