Schedule/Sessions

Session 1 - Commercial Structural Fire Involving Suppression Systems & Identifying Subrogation

• Speakers:

• Karl Aittaniemi, Rimkus Consulting Group, Inc.

• Scott Dieter, Zurich North America

• Aaron Plamann, Matthiesen, Wickert & Lehrer, S.C.

This one hour presentation examines commercial fire losses and the effect of fire suppression systems on fire spread and extinguishment. This presentation will focus on how a properly maintained fire suppression system will limit fire damage and help identify how an improperly maintained or modified system can allow excessive fire spread, resulting in excess fire damage and loss. The seminar will teach adjusters how to identify construction defects in fire suppression systems and improperly maintained fire suppression systems.  This information will aid adjusters in recovery (subrogation) efforts. Specific case studies will be discussed, focusing on four primary areas of study: properly maintained fire suppression systems, improperly maintained systems, improperly modified systems, and intentionally defeated systems. These cases will instruct how to identify excess fire and water damages and explain who the potential responsible parties are.
 

Session 1 - Surveillance, Saving, Sanctions: A Look at Recent Developments on Preservation and Production of Surveillance Video

• Speakers:

• Michele Bates, Raphael & Associates

• J. Scott Rogers, Scott, Sullivan, Streetman & Fox, P.C.

• Scott Stevens, Starnes Davis Florie LLP

In our digital age, virtually every restaurant, retail store, and hospitality business maintains some level of surveillance video. There is a steadily growing body of recent case law on the duties of a premises owner with regard to preservation and production of surveillance video after an accident or injury on its premises. There are also unique considerations that arise during litigation with regard to the timing of the production of the videotape and the sequence of other discovery in relation to that production. This session is designed to discuss how courts throughout the nation are addressing these preservation and production issues, and to offer insight on how to address arguments from the plaintiff bar regarding same.
 

Break

Session 2 - Defending Bath Tub Fall Cases and other Unique Falls at Hotels, Restaurants and Retail Business

• Speakers:

• James Eiler, Murchison & Cumming, LLP

• Cameron Shirley, P.F. Chang’s

• Peter Townsend, Rimkus Consulting Group, Inc.

The environments and attractive settings of hospitality and retail operations are such that unwary guests and patrons may slip or trip and fall upon unfamiliar surfaces and transitions resulting in injuries that could be significant, even fatal. In our presentation, we will discuss several actual accidents that resulted in litigation that gave rise to unique issues. We will discuss the defense of these types of claims from the perspective of the client, the expert and the defense attorney. 
 
Because of the unique setting of the premises for some hospitality and retail operations, there are several codes and regulations that will be outlined and suggestions on how to combat the plaintiff’s attorney request for negligence per se jury instruction. There are new ASTM and ANSI standards involving tribometers, the accepted machine for testing co-efficiency of friction, that will be outlined and recommendations of challenging plaintiff’s experts on their use of the tribometers and the results they obtain that support their opinions.
           
Falls in hospitality and retail operations involves several different walking surfaces and locations, such as different types of flooring or floor covers, shower/tubs, walkways, gangways, parking lots and resort facilities. We will discuss several of these types of falls, the law specifically related to them, suggestions to attack the plaintiff’s arguments and the defense of these types of falls.
 

Session 2 - The Politics of Guns v. the Reality of Risk Management: Are You Prepared?

• Speakers:

• Lance Ewing, Cotton Holdings, Inc.

• Danielle Goodgion, Texas de Brazil

• Michael Lowry, Wilson Elser

The politics of guns in America are volatile, divisive and passionate. Yet the risk guns present to private businesses every day does not depend upon the politics of the moment.  Instead risk and claim managers must deal with the tragic fact of gun violence in America. This session discusses the legal aspects of what private businesses can do, the practical implications of creating a gun risk management program and how insurance partners can help private businesses to manage and mitigate the risk.

Break

Session 3 - Bending the Curve: Blood Alcohol Levels - How to Utilize and Neutralize Forensic Proofs in a Dram Shop

• Speakers:

• Daniel Jahnsen, Dorf Nelson & Zauderer LLP

• Schyler Kohl, HAI Group - Housing Authority Insurance

• Mike Welsh, Midlands Claim Administrators, Inc.

Are you an attorney handling Dram Shop cases who believes that blood alcohol levels dictate the exposure? How significant is it when a blood alcohol level exceeds .20 %? What is the effect of tolerance, absorption rates and burn-off. Who is an expert and when do you need one? When is it a better strategy to cross-examine the plaintiff’s experts then to call your own expert? Are you a claims professional or risk manager whose caseload includes exposures involving allegations of Visibly Intoxicated Patrons who needs to know how to reserve the exposure and assess the risk? What questions should you be asking and what information do you need to properly reserve the exposure? This presentation will provide a general overview of exposures impacting the hospitality industry; negligent service and  service to minors before drilling down to exploring the strengths and weaknesses of Dram Shop expert opinions and discussing strategies to deconstruct the expert’s opinion. Participants will walk away from the presentation with an enhanced understanding of how to attack the exposure, success stories, and useful strategies while conducting investigation, discovery and trial.
 

Session 3 - Considerations in Maintaining Appearance, Dress Code and Grooming Policies in the Workplace

• Speakers:

• Paul Caleo, Burnham Brown

• Katrina Lindsey, Office Depot, Inc.

• Holly Marie Wilson, Reminger Co., LPA

Most companies in the retail and hospitality industry maintain either formal or informal grooming and appearance policies. While the law permits employers to regulate the appearance of its employees in the workplace, such appearance policies have recently come under attack by the EEOC and are being subjected to increased scrutiny by the courts. Today, more than in the past, a carefully crafted and implemented appearance policy is necessary to ensure that such procedures cannot be said to have a discriminatory effect on an employee’s age, religion, race, national origin, disability or gender. The careful implementation of such policies begins during the interview process and includes attentive responses to the inevitable requests for accommodations. This panel presentation will discuss current litigation trends and offer practical suggestion for how employers can protect themselves from appearance-based claims.

Cocktail Networking