Engineering Expert’s Testimony on the Formation of Black Ice Admitted
Posted on March 24, 2025 by Expert Witness Profiler
In a premises liability lawsuit, Plaintiff Susana Aqueche claimed she was injured after slipping on ice in the parking lot of a Hobby Lobby and is suing SVAP II Pasadena Crossroads, LLC (SVAP), Sterling Retail, Sterling Mid-Atlantic, The Sterling Organization, Paramount Crossroads, Sterling Organizational Systems, and Hobby Lobby. In response, SVAP, Sterling Retail, Sterling Mid-Atlantic, and The Sterling Organization have requested summary judgment, arguing that Aqueche was negligent by failing to see and avoid an obvious icy condition. They further contend that the report from Aqueche’s expert, Richard Balgowan, should be excluded because his certification doesn’t meet Federal Rule 56(c) requirements and his opinions are speculative and not helpful to the Court.
Engineering Expert Witness
Richard Balgowan possesses a wide range of professional certifications and licenses, including being a licensed professional engineer in twelve states, a licensed professional planner, and holding certifications as a public manager, public works manager, snow and ice control manager, and asphalt pavement technician. He is also a public works leadership fellow.
Discussion by the Court
Plaintiff points to Balgowan’s certification that the “report is an accurate statement of all his opinions, and the basis and reasons for them, to which he will testify under oath.” Furthermore, Plaintiff cites to Balgowan’s qualifications and further maintains that Balgowan’s report assists the trier of fact in “understanding how ‘black ice’ is formed, why it is likely that the hazard in this incident was ‘black ice,’ and is consistent with the testimony of Aqueche that it was ‘black ice’ which existed and caused her to fall.”
Turning to the Defendants’ challenges to Balgowan’s report, the Court finds that the expert testimony outlined within it has a clear path to being admissible at trial. Specifically, Balgowan’s certification in the report and his affidavit confirm his intent to testify to its contents. Therefore, the Court can consider the report when evaluating the Defendants’ motion for summary judgment.
With regard to the Defendants’ arguments about the report’s reliability and methodology, the Court concludes that Balgowan’s report is sufficiently reliable to be considered at this stage. This conclusion is based on the fact that Balgowan’s findings are rooted in over forty years of experience in snow and ice control, as well as a review of weather data for the relevant timeframe, and a site visit to the Hobby Lobby parking lot. Consequently, his opinions are helpful for understanding how black ice is formed, as well as the likelihood of black ice forming in the Hobby Lobby parking lot on December 26, 2020. As a result, the Court will consider Balgowan’s report in assessing the Defendants’ motion.
Finally, viewing the evidence favorably to the Plaintiff, the Court determined that a genuine factual dispute exists regarding the visibility of the ice. Therefore, summary judgment was not appropriate and the Defendants’ motion was partially denied.
Held
The Court, therefore, found that Mr. Richard Balgowan’s report may be considered in evaluating Defendants’ motion for summary judgment.
Key Takeaway:
Despite the Defendants’ challenges, the Court found Balgowan’s report reliable enough for the summary judgment stage due to his extensive experience, review of relevant data, and site visit. The Court recognized that Balgowan’s opinions on how black ice is formed, as well as the likelihood of black ice forming in the Hobby Lobby parking lot on December 26, 2020 were helpful for understanding the case.
Case Details:
| Case Caption: | Aqueche V. Svap Pasadena Crossroads, LLC |
| Docket Number: | 1:24cv1395 |
| Court Name: | United States District Court, Maryland |
| Order Date: | March 20, 2025 |
