For many residence of Virginia, John Smith is considered as a hero. However, recorded documents provide varying evidence on his leadership and life in general. On the other hand, Christopher Columbus is seen as an explorer who encountered the Americans and was able to achieve immorality to satisfy his egos.
And a Third-Party Action. While employed by the City of Albany, plaintiff Robert Columbus hereinafter plaintiff was injured when he fell approximately 12 feet from the top of a salt spreader which weighed approximately 2, pounds. The accident occurred when plaintiff was attempting to store the spreader on wooden hangers suspended from the ceiling of the City garage.
The spreader was hoisted by come-alongs and the cables were attached to each of its four corners. Plaintiff and his wife commenced this action against Smith and D.
Following the close of plaintiffs' proof, Smith moved for a directed verdict. Smith's posttrial motion to set aside the verdict was denied resulting in this appeal. Based upon our review of the record, we agree. It is well settled that in order to prove negligence or malpractice in the design of a structure, the plaintiff must put forth expert testimony that the engineer or architect deviated from accepted industry standards see, Interstate Cigar Co.
In the instant case, plaintiffs assert that Smith was negligent in specifying number two grade lumber in the design of the wooden members of the storage system because Columbus vs smith lumber was not satisfactory due to the presence of knots that weakened its structural integrity.
It is important to note, however, that no evidence was adduced at trial that the use of this grade of lumber for the purpose intended violated generally accepted industry standards or the State Building Code hereinafter the Building Code. Paul Montgomery, a structural engineer produced by Smith as an expert, testified that number two grade lumber of the type specified by Smith was the most common type of wood used in the construction industry and was acceptable for hanging loads notwithstanding the presence of knots.
He reviewed the calculations of Paul Koch, the engineer formerly employed by Smith who drafted the design specifications.
He stated that Koch took into account a significant safety factor in calculating the load on the wooden members comprising the storage system and also consulted the Building Code which incorporates standards published in the National Design Specifications hereinafter NDS and the American Society of Testing Materials hereinafter ASTM in ascertaining the grade of lumber appropriate for the load required by the storage system.
He opined that the specification of number two grade lumber for the use intended was proper in accordance with the Building Code and more than adequate to support a 2,pound dead load.
Koch also testified regarding the procedure he followed in making his calculations indicating reliance upon NDS data in determining the load bearing capacity of number two grade lumber and the City's representations that the spreader weighed 2, pounds.
He stated that he designed the system to handle a 3,pound load. Vito Colangelo, a metallurgist who testified as plaintiffs' expert, stated that the presence of a knot inherently weakens wood due to its disruption of the longitudinal fibers in the area immediately surrounding it and that, in his opinion, the use of number two grade lumber was inappropriate for the storage system because it contained knots.
He did not, however, state that Smith's specification of such lumber deviated from acceptable industry standards. To the contrary, he agreed that Koch's calculations, which reflected a substantial safety factor, were correct and that the NDS and ASTM establish legitimate industry standards that take into account the presence of knots in grading the stress levels of different types of wood.
Viewing the evidence in the light most favorable to plaintiffs see, Tucker v Elimelech, A. Therefore, Smith's motion for a directed verdict should have been granted. Furthermore, inasmuch as we also find that the verdict could not have been reached upon any fair interpretation of the evidence see, Betit v Weeden, A.
We have considered plaintiffs' remaining claims and find them unpersuasive.Game 1. Columbus Blue Jackets 4, Washington Capitals 3. Columbus leads series • Top takeaways: Capitals can blame themselves for Game 1 arteensevilla.com More.
Find live NHL scores, NHL player & team news, NHL videos, rumors, stats, standings, team schedules & fantasy games on FOX Sports. Columbus vs Smith John Smith, and William Bradford had many stories to tell during their explorations of the new world.
Their depictions of the new world were seemingly different and each explorer possessed an ego that worked both as a strength and as a weakness to .
Ohio State is one of the largest universities in the nation. It's also home to a diverse group of the best and brightest people in the world: dedicated faculty. - John Smith As an adventurous English boy, John Smith longed to see the world, but he probably never imagined that he'd become famous for helping settle a new colony.
John Smith belongs in History because he is the one who helped Jamestown get food and helped organize and run the colony. Christopher Columbus, John Smith, and William Bradford had many stories to tell during their explorations of the new world.
Their depictions of the new world were seemingly different and each explorer possessed an ego that worked both as a strength and .