Forensic Engineer Expert Communications: Lessons Learned from the March 2014 Oso Landslide Litigation

Abstract

This paper presents lessons learned following an examination of expert discovery protocols related to the March 2014 Oso Landslide litigation in Washington State. An overview of the March 2014 landslide, its devastating effects, and the formulation of an expert team to evaluate allegations brought forth in the litigation are discussed. Challenges associated with developing the expert opinions in this case are reviewed, a chronology of expert disclosure protocols are discussed, and the court’s interpretation/response is outlined.Finally, specific lessons are presented to inform future forensic evaluations requiring communication between expert team members. The controversy associated with disclosure protocols resulted, in part, with the State of Washington settling the case and not going to trial with the accumulated evidence addressing the plaintiff’s allegations.