Left at the Alter by a Really Smart Lawyer

It had never happened before, but in a way, I hope it happens again. Over the years, I have had the opportunity to work with some really good lawyers. However, I have never had a situation arise quite like the one I am going to tell you about this month.

I was recently, and for the past three years, working on a major case involving the death of a delivery truck driver and a worker in a power plant. There were months and months of study, several trips for inspection and testing with the Keyence Digital Microscope, and definitely one of the strangest depositions I have ever had, all adding up to a large amount of money being spent for my investigation. But after all this time and money, as well as lots and lots of trial preparation, I was “left at the alter”!

This case began during the delivery of high pressure hydrogen to the power plant, when a “fuse disc” (frangible disc) ruptured at a pressure much lower than the design pressure. Rupture discs are “safety” devices which are supposed to rupture or “blow out” when their “safety” level of internal pressure is exceeded. In this case, the safety level was 4200 psi, but the disc rupture occurred at a pressure no greater than 1900 psi.

The plaintiff’s attorney believed that the question was the venting of the hydrogen once the rupture disc had “ruptured”. The defendant had a large commitment to explaining that the disc failed at no fault of his client. At my deposition, the defendant attorney walked in and said “I have one question. Did the corrosion begin on the inside or the outside of the rupture disc?” I gave him my answer, he tried to get me to waiver, and the deposition literally ended after 5 questions, taking about 15 minutes altogether. This was my shortest deposition out of the 275 that I have given, in over 43 years of doing so.

On the morning I was to testify, after the trial had been going on for several days, I met the attorney that had hired us in the hotel dining room. The defendants’ attorneys were also eating breakfast so we exchanged pleasantries. I sat down and then it became clear that the attorney who hired me was in very deep thought. The silence was broken with, “Dr. Jerner, I have decided to send you home.” I couldn’t believe it! What had I done so horribly wrong? I explained all of my exhibits and outlined my testimony the evening before, so how had I done so poorly in explaining what was relatively simple and straightforward with such good exhibits! Alas, he explained that he had decided that this case came down to the venting hydrogen. The jury already understands this, and talking about the rupture disc is just what the other side wants in order to confuse the jury.     As I sat there, a light went off in my mind, and again I found out that litigation, especially when you look through that courtroom door is an “attorney symphony.” He/she is the conductor, and my work is but one small aspect. Yes, my work does focus on and attempt to determine the truth of “what caused this accident.” Regardless of the actual cause, a skilled, knowledgeable, and experienced attorney has a better grasp than I as to what the jury understands (and/or will understand) and has the ability to “sell” his argument to this jury of 8 or 12 independent people!

I will never cease to be amazed at these intelligent, talented, and highly skilled attorneys that I am privileged to assist in the search for truth and justice. This incident also proved once again that engineers are focused (and rightfully so) on the physics and engineering of the specific case, and the lawyers are focused on the "legal stuff" (and that's why they are lawyers!)

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