ZIMMERMAN v. BELTERRA RESORT and GOLF CLUB
In 2005 in Zimmerman vs. Belterra Resort and Golf Club, United States District Court for the Southern District of Indiana, New Albany Division, Case 4:05-CV-0031-DFH-WGH . The Plaintiff was the wife a golfer who had been killed attempting to cross a State Highway that bisected the golf course in Indiana. The Plaintiff alleged that Belterra Resort was at fault for the accident and that the safety tunnel provided to allow golfers to cross the Highway wasn’t adequate for the golfer’s navigation of the course. The Plaintiff’s attorneys sought $10,000,000 in their claim.
In assisting the defense Mr. Johnstone: surveyed the accident scene, researched other courses in Indiana and across the country with similar tunnels, reviewed signage, staff training policies, witness and staff depositions, EMT and Police Reports and the overall design of the course. He prepared a comprehensive report outlining Industry Standards and Practices, Golf Course Signage and Safety Procedures and appropriate design considerations. The report contributed to a comprehensive and well-documented defense by Eckert Alcorn Goering & Sage, LLP and resulted in a Summary Judgment which was subsequently appealed.
BEVERLY GRANT, INC v. MFJ ENTERPRISES
In North Carolina, Mr. Johnstone was retained the Van Winkle Law Firm in Beverly-Grant, Inc vs. MFJ Enterprises, Buncombe County Superior Court File No. 06 CVS 862. The Plaintiff claimed over $850,000 in payment for a light industrial construction project recently completed. In assisting the Defense, Mr. Johnstone surveyed the project and found several items missing or deleted from the project. He also established that certain building systems were not functioning properly and determined that the construction agreement contained a Guaranteed Maximum Price that had been exceeded.
The claim was settled in arbitration with the court acknowledging the Guaranteed Maximum Price Contract, requiring that deficient building systems be repaired and the final sum due was substantially reduced.
HELLMAN v. LA CUMBRE GOLF and COUNTRY CLUB 1992
Mr. Randall Naiman of Ferrette & Slater of San Diego, CA, filed a complaint against the country club that over a period of seven years at least 1,300 errant golf balls had landed in their yard, struck the house and their automobiles. Mr. Johnstone consulted for the plaintiff, surveyed and made suggestions for improvement of the hole configuration. He later was deposed and provided testimony. The court determined that the course existed prior to the house and that the home owners were aware of the potential intrusion from the golf course.
WESTPHAL v. WALMART 1997
Mrs. Betty Westphal, a product demonstrator at Wal-Mart, dba, Sam’s Club in Sacramento, CA, fell in a puddle of water near the entrance to the store. Mr. Johnstone was retained by the Law Office of Douglas E. Stein for the plaintiff. He visited the accident site, documented the conditions and concluded that the lack of a storefront at the opening to the former warehouse allowed excessive weather and rain to enter the store. He provided three potential design solutions with associated cost estimates. The plaintiff was awarded approximately $165,000.
RHODE ISLAND v. LEAD INDUSTRY ASSOCIATION 2002
The Attorney General of the State of Rhode Island filed a complaint against the Lead Industry Association, alleging that lead based paints (LBP) represented a “public nuisance”. As a consultant for the defense Mr. Johnstone researched the historical use of lead based paint, became familiar with safe procedures for LBP mitigation and proper maintenance practices. In collaboration with a social historian, and lead industry experts, he contributed to a report depicting inadequate maintenance practices in institutions and housing in poor neighborhoods of Providence, R.I. He met with the attorneys from Jones, Day, Beavis & Pogue in New York and Washington DC to offer technical expertise and advice. The court found for the defense.
