Wednesday, June 1, 2016

Nestlé expert witness misinterprets second exhibit in a row

Yesterday, covered here was how badly Nestle expert witness civil engineer Ed Davis misrepresented that there is PENNDOT road access directly to/from the Gower Estates LLC property.  This simply is not true based on the evidence in Nestle's own exhibits.  On cross examination, he could not explain to Attorney Mark Freed how Nestle exhibit NWNA-28 shows that it is true, which he had opined on direct testimony.

Just prior to Nestle's introduction of NWNA-28, Nestle introduced another exhibit related to the same misrepresentation - that there is PENNDOT access directly to the property, which Mr. Davis also did not represent or interpret correctly.  This is exhibit NWNA-27, which is a deed for the Old Mill part of the Old Mill property, subsequent to most of the property already having been subdivided off.

Here is the dialog between Nestle Counsel Weston and Mr. Davis about NWNA-27:
Mr.Weston: "Please identify it" [exhibit]
Mr. Davis: "NWNA 27 is a Sheriff's Deed"
Mr. Weston: "And what does this deed explain or stand for?"
Mr. Davis: "It shows...this was done back when the Chestnut Ridge Drive was relocated and it depicts the conveyance of property to Metropolitan Mortgage Securities from the State of Pennsylvania.  And it excepts out property in the vicinity of the northwest corner of the property off Chestnut Ridge Drive where the driveway is located."
Mr. Davis' testimony contains a few errors.
  1. This deed is not from when Chestnut Ridge Drive was relocated - look at the date - it is from 29 years later in 2002.  This deed is from when someone defaulted on his mortgage.
  2. The conveyance is not from the State of Pennsylvania - the state doesn't lose property.  The conveyance is from Steven Segal via the Sheriff to the mortgage company.
The conveyance "excepts out" the land that PENNDOT took in 1974, 0.71 acres.  But this is not adjacent to the Gower property.  This is the land that PENNDOT took that is detailed in exhibit NWNA-28, and thus this exhibit does not support an argument there is a direct PENNDOT access - in fact it helps shine light on the fact that there is not.

No comments:

Post a Comment