Pltfs Expert Disclosure Ocr¶

FILED 7/5/2023 11:48 AM CLERK OF SUPERIOR COURT DEKALB COUNTY GEORGIA

IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA JONATHAN SWEATMAN,

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Petitioner,

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v.

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SARAH ZEEMAN,

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CIVIL ACTION

Respondent / Counterclaim

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FILE NO. 21CV9795

Petitioner.

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v.

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JONATHAN SWEATMAN, Counterclaim Respondent.

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§ PLAINTIFF/COUNTERCLAIM RESPONDENT JONATHAN SWEATMAN’S O.C.G.A. § 9-11-26(b)(4)(A)(i) EXPERT DISCLOSURE

COMES NOW JONATHAN SWEATMAN, Plaintiff/Counterclaim Respondent in the above-styled civil action, and pursuant to O.C.G.A. § 9-11-26(b)(4)(A)(i) and hereby files this Expert Disclosure, as follows:

O.C.G.A. § 9-11-26(b)(4)(A)() DISCLOSURES Pursuant to O.C.G.A. § 9-11-26(b)(4)(A)(i), Defendant discloses the following expert witnesses who may testify at trial: 1.

Elvin Aycock PE, PH Atlanta Engineering Services

918 Holcomb Bridge Road Suite 201 Roswell, GA 30076

Mr. Aycock is an expert in the field of hydrology, including stormwater evaluation to determine the detention and retention of water on a given site as well as investigation of damage

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to downstream property owners. It is anticipated that he will assist the trier of fact by providing information relevant to establishing that Jonathan Sweatman’s installation of corrugated

drainpipes reduced the rate of flow of storm water on Sarah Zeeman’s property. Mr. Aycock is also an expert in the field of land surveying, including topographic surveys, as-built surveys, ALTA/ACSM surveys, construction staking, detention pond

certification, flood plain certification, boundary line conflicts, encroachments, site surveys, line

of site determination, water surface profile study surveys, survey inspection reports, and certifications. It is anticipated that he will assist the trier of fact by providing information relevant to establishing the boundary lines of Jonathan Sweatman’s property.

Mr. Aycock’s opinions will be based on his knowledge, training, and experience, as well as his review of relevant file materials and site inspection.

Attached as Exhibit “A”, and incorporated herein by reference, are the following attachments: curriculum vitae, testimony list, and fee schedule containing his expected opinions

to date. Mr. Aycock is available for a discovery deposition if counsel of record desires to take

his discovery deposition. This 5th day of July, 2023.

CRUSER, MITCHELL, NOVITZ, SANCHEZ, GASTON & ZIMET, LLP

TIMOTHY L. MITCHELL Georgia Bar No. 460744 CHELSEA T. COOKE Georgia Bar No. 209502 Meridian II, Suite 2000

Attorneys for Counterclaim Defendant

275 Scientific Drive

Jonathan Sweatman

Peachtree Corners, GA 30092 (404) 881-2622 tmitchell@cmlawfirm.com

ccooke(@cmlawfirm.com

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ROSE LITIGATION, LLC

/s/Lisa Rose LISA ROSE Georgia Bar No. 614204

4880 Lower Roswell Road

Suite 165-522 Marietta, Georgia 30068

(678) 806-8188

lisa@roselitigat lawyer ion.

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(by Chelsea Cook with express permission) Attorney for Petitioner Jonathan Sweatman

IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA JONATHAN SWEATMAN,

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Petitioner,

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v.

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SARAH ZEEMAN,

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CIVIL ACTION

Respondent / Counterclaim

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FILE NO. 21CV9795

Petitioner.

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v.

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JONATHAN SWEATMAN,

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Counterclaim Respondent.

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§ CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I have this day electronically filed the within and foregoing PLAINTIFF/COUNTERCLAIM RESPONDENT JONATHAN SWEATMAN’S O.C.G.A.

§ 9-11-26(b)(p4)(A)() EXPERT DISCLOSURE with the Clerk of Court using the Odyssey File and Service (EfileGA) system which will automatically send e-mail notification of such

filing to the following attorneys of record:

Lisa K. Rose, Esq,

Jeff Banks, Esq.

Rose Litigation, LLC

Banks & Riedel, PC

4880 Lower Roswell Road, Suite 165-522 Marietta, GA 30068

Macon, GA 31201

970 Walnut Street

Lisa@roselitigation.lawyer

jeffsbanks@hotmail.com

Attorney for Petitioner Sweatman

banksnriedel@hotmail.com Attorneys for Respondent Zeeman

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Brett Ledermeier, Esq.

11625 Rainwater Drive, Suite 125

Alpharetta, GA 30009

bledermeier@mmatllaw.com Attorneys for Counterclaim Petition Zeeman

Noah Cadwell, Esq. David M. Atkinson, Esq.

Swift, Currie, McGhee & Hiers, LLP 1355 Peachtree Street, NE, Suite 300

Atlanta, GA 30309 noah.caldwell@swiftcurrie.com

david.atkinson@swiftcurrie.com Attorneys for Respondent Zeeman

This 5th day of July, 2023.

CRUSER, MITCHELL, NOVITZ, SANCHEZ, GASTON & ZIMET, LLP

ULL Cocke

Meridian II, Suite 2000 275 Scientific Drive

Peachtree Corners, GA 30092

(404) 881-2622 ccooke@cmlawfirm.com

{SECURE Firm/271/02766/EXPERTS/04061878.DOCX }

TIMOTHY L. MITCHELL Georgia Bar No. 460744 CHELSEA T. COOKE Georgia Bar No. 209502 Attorneys for Jonathan Sweatman

Curriculum Vitae Elvin Aycock, PE, PH, PLS

Elvin Aycock is a professional engineer (PE), a professional hydrologist (PH), and Professional Land Surveyor (PLS). He has been practicing engineering for more than 50 years. Specialized Professional Competence: Civil Engineering:

Mr. Aycock has designed projects for site developments, site

evaluations, roadway design, shopping centers, commercial sites, subdivisions, and church sites, and provided design for all utilities such as detention ponds, stormwater system design, sanitary sewer systems, water mains, water services, and on-site septic

systems. Site designs for obtaining governmental agency permits required for site development. Site design plans which included site evaluation, site analysis, traffic flow, grading plans, erosion and sediment control design, storm sewer design, sanitary sewer

design, hydrology studies, detention and retention storage design, road and street

design, water surface studies, flood plain evaluation, and certification and permit expediting.

Hydrologist: Mr. Aycock is a Professional Hydrologist (PH) certified by the American Institute of Hydrology (AIH). Much of the work involved in civil engineering work involves hydrological analysis of sites for the safe handling of stormwater on the site.

This includes the stormwater evaluation to determine the detention and retention of water on the site including designing the sizing of pipe systems. He has designed many

storage facilities for on-site storage and release of stormwater at or below the predeveloped rate of runoff. Evaluation of outlet structures and erosion control devices to

transport water without erosion of ditches, creeks, and streams. Mr. Aycock has performed modeling of streams to determine the limits for the 100-year storm events.

Storm Water Flooding and Sedimentation Damage: Mr. Aycock has years of experience designing stormwater structures such as detention ponds and stormwater storage

facilities. He has extensive experience in erosion control design and investigation of damage to downstream property owners.

Level Il Certified Design Professional by the Georgia Soil and Water Conservation Commission, Certification Number 0000017167. Land Surveying:

The types of survey performed by Mr. Aycock are topographic

surveys, as-built surveys, ALTA/ACSM surveys, construction staking, detention pond

EXHIBIT

certification, flood plain certification, boundary line conflicts, encroachments, site surveys, vehicular accident sites, line of site determination, water surface profile studv surveys, accident sites, roadway defects, survey inspection reports, and certifications. Hydroplaning Incidents: As a professional hydrologist and civil engineer, Mr. Aycock evaluates hydroplaning accidents to determine the reason a vehicle hydroplaned at the accident site. He has been evaluating scene conditions for more than 21 years. This

combined experience has given him excellent opportunities to consult on cases involving water on the roadway and what caused the vehicle’s tires to hydroplane or hydro-drag.

Accident Reconstruction: Mr. Aycock has been providing automobile accident

reconstruction for more than 21 years. He attended Northwestern University Traffic Institute for reconstruction training in accidents involving automobiles, light trucks,

heavy trucks, motorcycles, and pedestrians. Application engineering principles and

vehicle dynamics are used in determining vehicle speeds, vehicle direction, delta-V, the principal direction of force, change in velocity, and impulse. The initial point of contact on the roadway, roadway marking evidence, and final resting position of the vehicles are used in the momentum analysis while the contact damage on the vehicles, crush

coefficients, and vehicle data are used in the conservation of energy analysis. Other

types of cases involve vehicle orientation at impact, line-of-sight, visibility analysis, and roadway defects.

Mr. Aycock is certified in the use and interpretation of the data from the “Black Box” (Event Data Recorder) found in most vehicles. This data provides information about speed, seat belt usage, delta-v, and braking. Publications:

Accident Reconstruction Fundamentals: A guide to understanding Vehicle Collisions. A 203-page book that addresses the fundamentals of Newton=s Law as it

relates to vehicle accident reconstruction. It illustrates how to determine speeds from skid marks, and how to determine the coefficient of friction or drag factors and velocities of vehicles in falls and flips.

Reviewing Surveys and Drafting Legal Descriptions: This book was written for the seminar given by Half-Moon, Inc. for real estate attorneys. The book has been used in hundreds of seminars thrcughout the US.

Hydroplaning: Water on Pavement Surface: A paper about a hydroplaning case

in South Georgia where a vehicle hydroplaned, crossed the interstate median, and

crashed into an oncoming vehicle. The cause of stormwater accumulating on the pavement surface is detailed and presented in an