Past Testimony and Notable Casework

January 2024 Deposition – Passaic County NJ (Civil Law Division)

Plaintiff expert in fire codes and fire protection system performance.

Industrial & manufacturing business damaged by two separate fires which originated on or near neighboring property and resulted in damage to plaintiff’s building and loss of business. Provided report and expert testimony as to New Jersey fire codes and requirements for the prevention of ignition and accumulation of valueless combustible materials. Also testified as to responsibility for code compliance and how railroad owned properties are subject to certain fire safety code regulations consistent with the NJ Supreme Court ruling in Ridgefield Park v. NY Susquehanna Western Railway Corp (2000).

May 2022 Deposition – Middlesex County NJ (Civil Law Division)

Defense expert in fire and building codes for fire protection system failure.

Fire sprinkler system discharged and caused property damage to a multi-tenant professional use building. Provided report and expert testimony as to New Jersey fire and building codes governing ongoing inspection, testing, & maintenance of fire sprinkler system and how codes designate or may delegate compliance responsibility between property owners, managers, tenants, and service providers. Details of case settlement not disclosed.

January 2021 Deposition - Monmouth County NJ (Civil Law Division)

Defense expert in fire investigation and fire & building codes for an appliance fire case.

Newly constructed and recently occupied private dwelling is substantially damaged by fire attributed to a wood burning fireplace chimney system which was damaged during installation. Provided report and expert testimony as to the New Jersey Uniform Construction Code and related administrative requirements of the code & code compliance responsibility between home builder, subcontractors, and construction permit holder.

September 2018 Superior Court of NJ - Hudson County (Civil Law Division)

Defense expert in fire and building codes for building construction deficiency case.

Litigation between two adjacent property owners when a newly constructed building physically connected itself to an older existing building. Provided report and expert testimony as to the impact of construction failures which caused the two buildings to end up physically connected even though they had not been designed in that manner and effectively violated various code provisions in doing so, regardless of the fact public officials had granted a Certificate of Occupancy for the newly constructed building. A portion of his trial testimony was later cited in the Appellate court ruling:

‘Phelan testified for defendants as an expert in construction, construction code, and fire evacuation systems…. In his opinion, there should not have been a physical connection between the two buildings.’

‘The court determined the third-party defendants, who were the original owners, contractors and sellers of {REDACTED}, were liable to defendants because there was adequate credible evidence based on Phelan’s testimony that the ‘noise and vibrations that emanated from the {REDACTED} were due in part to the construction of the building by a preponderance of the evidence.’

In a partial reversal of the trial court’s ruling the Appellate Court reversed $100,000 in damages owed by the Defendant.

April 2017 Deposition - Essex County NJ (Civil Law Division)

Plaintiff expert in fire codes and smoke alarms for fatal fire case.  

Litigation on behalf of decedent’s survivors in a private dwelling fire with multiple fatalities. Provided report and expert testimony as to the code requirements for smoke alarm installation and maintenance.  Details of case settlement not disclosed.

June 2011 Superior Court of NJ - Bergen County (Civil Law Division)

Defense witness in fire investigation and fire codes following apartment fire loss.

Litigation between a tenant (Plaintiff) and owner of an apartment building (Defendant) following a fire which extensively damaged several apartments. After performing the initial public sector fire investigation, later provided fact witness testimony on requirements of NJ Uniform Fire Code, specifically for the installation and ongoing maintenance of smoke alarms and fire alarm Systems. The jury found for the defendant.

June 2008 Superior Court of NJ - Bergen County (Civil Law Division)

Plaintiff witness in fire investigation following commercial building fire loss.

Litigation between building owner (Plaintiff) and plumbing contractor (Defendant) following a fire which destroyed two retail businesses. After having performed the initial public sector fire investigation and determining the cause was attributed to the use of an open flame torch during pipe repairs, later provided fact witness testimony on the fire investigation and code requirements relating to open flame use and fire prevention measures as part of the civil litigation.

December 2003 Superior Court of NJ – Bergen County (Criminal Law Division)

While serving as the public sector fire investigator at a dwelling fire an illegal drug distribution operation was uncovered and subsequently a responsible party was identified and charged. Later serving as a State’s witness, provided expert testimony in the foundation and process of a fire investigation which led to the initial discovery of drug evidence as part of a pre-trial evidence suppression motion. The evidence admissibility was upheld and at the subsequent criminal trial the responsible party was found guilty.

February 2002 Superior Court of NJ – Bergen County (Criminal Law Division)

While serving as the public sector fire investigator at a dwelling fire it was determined that the fire was intentionally set and a responsible party was identified and charged. Later served as the State’s sole witness on the investigation of the fire’s origin & cause and was admitted at trial as an expert in the field of fire fighting and fire investigation. At the conclusion of a jury trial the responsible party was found guilty.

Fall 2019 City of Newport RI

Complex litigation between multiple parties involved in a substantial fire in a building under rehabilitation which spread to adjacent structures including historical buildings. As part of one Plaintiff’s multi-discipline expert team, which included metallurgic and subject matter experts, provided expert report which extensively detailed fire and fuel gas code requirements for safety at construction sites and temporary heating systems. Upon production of reports from this expert team the parties reached settlements and the client received in excess of $25 million dollars based in significant part on the expert work detailing all of the code requirements which had been violated by the fuel gas & heating system supplier.

Fall 2021 Monmouth County NJ (Civil Law Division)

Multi-party litigation stemming from a fire which spread from a vacant building under rehabilitation to several surrounding properties, many of which were destroyed or left uninhabitable. As part of one Plaintiff’s team provided expert report detailing how the construction and fire codes regulates a construction site and how code compliance would have prevented or substantially limited the impact of this fire. Additionally, used digital image forensics to validate pre-fire witness photographs as the basis for establishing the existence of code violations which were key to proving the underlying violations. Upon production of this report, and in conjunction with other experts, a substantial undisclosed settlement which benefited the client was reached.