Litigation Support

 

 

Mr. Van Bruggen, President of WRCS, has over twenty-five years of engineering experience specializing in the use of systems engineering and modeling techniques to define and evaluate surface water resource systems, forensic hydrology and hydraulics, and alternative flood control measures. He has performed numerous studies of surface water hydrology and hydraulics, meteorology, sediment and debris production, water quality, and the management and statistical analysis of hydrographic data and managed both flood control and water supply projects.

He is a Diplomate Water Resources Engineer and a member of the American Academy of Water Resources Engineering. He has been the San Francisco Chapter President and a State Board Member of the Forensic Expert Witness Association and has considerable experience testifying as an expert witness, having testified in over three dozen cases to date, representing both the defense and the plaintiffs at an approximate 50% split. His testimony has ranged from the causes of, and solutions for, real property flooding, channel erosion and sedimentation, to the evaluation of historic flood events, reservoir operations, storm water system designs and drowning occurrences. To view Mr. Van Bruggen's curriculum vitae click here.

A listing of legal cases Mr. Van Bruggen has been involved with follows, grouped by general category or type of involvement in the case. To jump to a particular heading, click on its link below. Cases with Letters of Reference and Jury Verdicts available online are indicated with this icon:

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Residential and Municipal Storm Drain System Design

  • Provided Testimony in Jury Trial on Evaluation of Municipal Storm Drain System Improvements, Cumberland, Maryland. Established design factors of a storm drain system improvement project which induced greater flooding of downstream residents than would have occurred prior to its completion. Client: Levasseur and Buckel, Cumberland, MD. Jury Verdict available here:

  • City and State Storm Drain System and Stream Channel Design, Honolulu, Hawaii.  The recurrent and increasingly frequent flooding of city streets and an industrial park built on subsiding fill material was investigated. Sources of flooding were from adjacent stream channel and the incursion of tidal waters up into the regional storm drain system. Client: City and County of Honolulu, Department of Corporation Counsel

  • Provided Mediation Testimony in Evaluation of City Storm Drain System’s Role in Repeated Flooding of Neighborhood, San Diego, California.  Conducted a presentation illustrating the hydraulic effects of a major storm drain improvement project in aggravating the flood of an adjacent neighborhood.  Client: Mr. Donald Whitson, Attorney at Law, San Diego, CA.

  • Hydraulic Evaluation of the Effects of Construction Variances from Original Project Plans, Atlanta, Georgia. Detailed SWMM hydraulic model was developed to determine if the as-built variances in the construction of an apartment complex were a factor in the flood damages experienced at the project. Client: Law Offices of Hall, Booth, Smith & Slover, P.C., Atlanta, GA.

  • Evaluation Of Flood Potential Along Unfinished Reach Of Municipal Storm Drain System, Concord, California. Statistical analysis of flood events, historical review of floods and recommended flood control alternatives and review of the civil engineering standards of care for storm drain system design. Client: Law Offices of  Anthony W. Hawthorne, Walnut Creek, CA.

  • Deposition Testimony Provided in the Defense of Subdivision Stormwater Design, Roseville, California. A portion of the subdivision was inundated during the January 10, 1995 Roseville flood event. In defense of the designing Civil Engineer, a review of the design hydrology and hydraulics was conducted. The storm event was also characterized as being a greater than 1,000-year event for the city of Roseville, and beyond the required 100-year design level of the subdivision’s stormwater conveyance system. Client: Law Office of Greve, Clifford, Wengel & Paras, Sacramento, CA.

  • Evaluation Of Municipal Storm Drain System Design, Hilo, Hawaii. Engineered ditch and culvert system design was evaluated in relation to 100-year frequency historic rainfall event and adherence to City Hydrology and Drainage Standards. Client: Law Firm of Tsukazaki, Yeh & Moore, Hilo, HI.

  • State And City Storm Drain System Design Evaluation, Richmond, California. A historical review of the progressive design and construction of a storm drain system and its flooding occurrences. The designs of system components by various agencies and contracted engineering firms were evaluated for effectiveness and Standard of Care. Client: CalTrans Legal, San Francisco, CA.

  • Jury Trial Testimony on the Hydrologic Impacts of a Residential Landscape Project, Danville, CA. The combined impacts of a landscaping and construction project on a downstream neighbors drainage patterns and flooding potential were evaluated and summarized for the jury. Client: Law Offices of Bennett, Samuelsen, Reynolds & Allard, Oakland, CA. Reference letter available here:

  • Review Of Subdivision Drainage System Design, Paso Robles, California. Evaluation of the design and construction of a municipal storm drain system and its adherence to the City’s Hydrology and Drainage Standards. Client: Law Offices of Borton, Petrini & Conron, San Luis Obispo, CA.

  • Provided Testimony To Jury Regarding Meteorologic Evaluation of Flood Event, Novato, California. Acted as expert witness for developer faced with litigation for flooding damages occurring to condominium complex adjacent to Novato Creek in January 1980.  Evaluated meteorology and hydrology of flood and determined frequency of occurrence of event.  Client: Young America Homes, Concord, California.

  • Provided Litigation Support To Determine The Effects Of Commercial Development On The Flooding Of Upstream Properties, Tolucay Creek, City of Napa, Napa County, California. Conducted review of construction plans, design hydrology and hydraulic modeling of existing vs. Pre-project conditions to determine if the project has increased the frequency and depth of flooding of adjacent properties. Client: Law Offices of Smith, Merril & Peffer, San Ramon, CA.

  • Expert Witness to Determine Causes of Flooding, Mount Hood Creek, Sonoma County, California. Conducted meteorologic and hydraulic investigation involving recreation of January 1995 flooding event and HEC-2 modeling. Determined upstream causes of flooding in defense of landowner faced with litigation over inundation of adjacent properties. Client: O'Brien, Watters, Davis & McCullough, Santa Rosa, California.

Highway Drainage Design - Wrongful Death / Personal Injury /
                                                 Inverse Condemnation

  • Judge Trial Expert Testimony Regarding State Highway Drainage Design Investigation In Conjunction With Wrongful Death Suit, Hilo, Hawaii. Evaluated as-built design and construction of a section of highway where sheet flows and hydroplane conditions led to a fatal car accident. Client: Ms. Joy San Buenaventura Hutson, Attorney at Law, Hilo, HI.

  • Provided Testimony in Judge Trial Regarding CalTrans Culvert Design, Malibu, California. Case involved the placement, design and maintenance of a culvert under Pacific Coast Highway and the issues of CalTrans’ adherence to their own engineering standards and the resultant erosion damages to the ocean bluff, downstream. Client: Law Offices of Allen Matkins Leck Gamble & Mallory, LLP.

  • Provided Expert Testimony To Jury In Connection With State Highway System Design, Alameda County, California. Acted as expert witness for the State of California regarding a motorcycle accident and wrongful death suit on a Northern California highway. Testimony involved the need, purpose and appropriateness of certain design aspects of highway median drainage features. Client: California Department of Transportation, Legal Department. Reference letter available here:

  • Provided Expert Testimony To Judge In Defense of State Highway System Design, Salinas River, Monterey County, California. Acted as expert witness in inverse condemnation trial regarding the flooding of agricultural lands adjacent to state highway embankment during the January 1995 Salinas River floods. Storm and flood event frequency was established and highway design was evaluated for adequacy in providing drainage relief. Client: California Department of Transportation, Legal Department .

  • Provided Expert Testimony To Jury In Connection With State Highway System Design, Orange County, California. Acted as expert witness for accident victims involved in hydroplane accident on southern California highway. Testimony involved the standard of care employed in the design of highway drainage features. Client: Law Offices of Rose, Klein & Marias, Santa Ana, CA . Jury Verdict available here:

  • Evaluation Of Potential Impacts Of State Highway Structures On Residential Flooding, San Francisquito Creek, California. Performed extension of FEMA floodplain models, and statistical review of historic storm precipitation and creek flow data to determine the hydraulic effect of highway superstructure and sound walls on the extent and duration of flooding experienced in San Mateo and Santa Clara county neighborhoods in February 1998. Client: CalTrans Legal, San Francisco, CA.

  • Expert Witness in Wrongful Death Suit Regarding Collapse of State Highway into River, Cuyama River, Santa Barbara County, California.  Determined that state highway contract called for smaller class riprap bank protection than was specified in the original plans and by state standards.  Client: James McKieran Lawyers, San Luis Obispo, CA.

Hydraulic Evaluations - Bridge, Pipeline, Estuary, Alluvial Fan, Floodplain

  • Provided Testimony to Jury Regarding Train Trestle’s Effect on Winery Flooding, Napa, California. Developed a HEC-RAS computer model of a series of highway bridges and train trestle to determine their impacts on the debris blockage of a creek and the resulting contribution to flood damages. Ms. Margaret M. Farley, Attorney at Law,  San Rafael, CA. Jury Verdict available here:

  • Hydraulic Evaluation Of Wind Waves And Tidal Currents Affecting Oil Spill, Patuxent River, Maryland. Analysis determining the maximum possible wave heights and total current velocities that could have occurred surrounding an oil spill into Swanson’s Creek, near the confluence with the Patuxent River channel outlet, Maryland. Client: Patton Boggs, LLP, Washington, DC.

  • Provided Expert Testimony on the Cause of Failure of Water Supply Pipeline, Stockton East Water District, California.  Developed a hydrologic inflow model to recreate a historic flood event and a hydraulic pipeline model to evaluate whether the inflows from this event could have produced a surge in the pipeline, causing the failure of a section of the pipeline by a water hammer effect.  Client: Rick Amorose, Attorney at Law, Sacramento, CA.

  • Hydrologic And Hydraulic Study Of Alluvial Fan Flood Zone, Kern County, California. The drainage characteristics and hydrographic statistics of an alluvial wash, demonstrating considerable historic flash flooding, channel avulsion and braiding, were evaluated in an effort to quantify the potential effects of upstream channel changes on downstream debris deposition and flooding. Client:  BP Oil, Law Offices of Caswell, Bell and Hillison, LLP, Fresno, CA.

  • Expert Witness for Liability of City in Flood Damage Litigation, Broadus Creek, City of Willits, Mendocino County, California. Constructed and presented results of floodplain hydraulic model to determine the effects of the city's dumping of fill materials onto a floodplain and the resultant diversion of flood flows through clients property. Client: Law Offices of William Van Dennis, Willits, California.

Hydraulics of Channel and River Structures - Drowning

  • Provided Deposition Testimony Regarding Dam Hydraulics and Signage Blamed for Drowning, Lynchburg Dam, Lynchburg, Virginia. Testimony on the standard of care in regard to proper signage near run-of-river dam spillways and the hydraulic effect below such spillways, also referred to as “drowning machines,” was offered in a case involving the drowning of a teenage girl at the James River dam site. Client: Caskie & Frost, Lynchburg, VA.

  • Modeling of Hydraulic Conditions Surrounding Multiple Drownings, Ohio River, West Virginia. Investigation involved the two- dimensional modeling of the hydraulic conditions surrounding the drowning of two boys who dove from a barge anchored on the Ohio River. The forensic re-creation of river currents around, and under, a set of barges was modeled and graphically illustrated. Client: Hatcher Law Firm, Huntington, WV

  • Design Evaluation of Irrigation Canal Where Drowning Occurred, Merced, California. The safety standards employed in the design of Irrigation District canal siphons under roadways was considered, as well as the hydraulics of flow for such structures, as factors in the drowning of a toddler. Client: Law Firm of Marderosian, Runyon, Cercone, Lehman & Armo, Fresno, Ca

  • Provided Deposition Testimony Regarding Role of Hydraulic Structure Design in Drowning, Big Pine, California. The engineering and hydraulic properties of a radial gate design were investigated as a likely cause for the drowning death of a man in the Los Angeles Aqueduct. Alternative gate designs having safer hydraulic properties and posing less risk to  nearby swimmers were recommended. Client: Law Offices of Berglund and Johnson, Woodland Hills, CA.

  • Hydraulic Evaluation Of COE River Structure Linked To Drowning, Picayune, Mississippi. Evaluated the design, and subsequent re-design, of a US Army Corps of Engineers diversion structure on the Pearl River, between Mississippi and Louisiana, and it's role in creating dangerous hydraulic conditions leading to the overturning of a canoe and the occupant's drowning. Client: Law Firm of Gainsburgh, Bejamin, David, Meunier & Warhauer, New Orleans, LA.

  • Expert Witness In Drowning Case for the Hydraulic Review of Weir Structure Safety, Little Truckee River, Sierra County, California. Reviewed streamflow data and design and operation of weir structure owned and operated by the USGS and Bureau of Reclamation. The structure was investigated for determination of hydraulic design characteristics and range of safe flow releases from upstream dam and reservoir (Stampede Dam). Client: Firm of Wohl, Tower, Christian & Perkins, Sacramento, CA.

Dam and Reservoir Operations - Downstream Flooding

  • Testimony To Jury on the Professional Standards for Reservoir Release Decisions and Their Effects on Downstream Flooding, Cowlitz River, Washington.  Developed a model to historically recreate the municipally owned reservoir system operations and river system flows during a historic flood event.  The modeling of different scenarios indicated that the reservoir releases were excessive and contributory to downstream flooding.  Client: Walstead, Mertsching, Husemoen, Donaldson & Barlow,  Longview, WA .

  • Review Of Municipal Irrigation District Reservoir Operations And Their Impacts On Downstream Levee Failures, San Joaquin Valley, California. Conducted investigations related to the hydraulics of the rivers, channels and levees of the San Joaquin and Tuolumne Rivers, downstream of the New Don Pedro Reservoir. Levee capacities and design levels of protection through the subject river reaches were determined, as well as the forensics related to the storm and flood frequencies associated with the flooding of December 1996 to January 1997. Client: Law Firm of Endeman, Lincoln, Turek & Heater, San Diego, CA.

  • Provided Litigation Support to Determine the Effects of Reservoir Releases on Downstream Flooding During Hurricane Event, Escatawpa River, Mississippi.  Created a model to determine that portion of flood damages attributable to the opening of spillway gates at a municipally owned reservoir in advance of the landfall of Hurricane Georges in Jackson County, Mississippi in September 1998.  Client: Colingo, Williams, et al, Pascagoula, MS.

  • Provided Testimony To Jury Regarding Flood Releases From Hydroelectric Dams by State Power Authority, Santee-Cooper River system, South Carolina. Acted as rebuttal witness, testifying on behalf of numerous landowner plaintiffs who were being regularly flooded by the operations of a hydroelectric power plant operated by the South Carolina Public Service Authority, a.k.a., Santee-Cooper Electric. Critically evaluated a Corps of Engineers UNET computer model prepared by the defendants. The verdict resulted in the largest historical jury award to plaintiffs in the State of South Carolina. Client: Law Office of Bell & Moore, Georgetown, SC.

Channel and Levee Systems - Design and Maintenance

  • Expert Testimony at Judge Trial in Regard to City's Rights to Drainage Easement, Atascadero, California. The City's right to remove residential fences constructed across a drainage channel and easement was argued. The case resulted in the resident being required to remove the fences and the city's ability to enforce keeping the easement clear of any obstructions. Client: Daniel Neal, Law Firm of Best Best & Krieger LLP

  • Provided Litigation Support in the Defense of Mining Operation, Wynoochee River, Washington.  Prepared a HEC-RAS hydraulic model of the Wynoochee River showing that the gravel mining operation had no net hydraulic effect contributing to the breakout of a channel levee and the subsequent flooding of several properties. Client: Firm of Betts, Patterson and Mines, Seattle, WA. Reference letter available here:

  • Expert Witness in Flooding Damages and Inverse Condemnation Case, City of Hayward, Alameda County, California. Developed a HEC-RAS hydraulic backwater model of County channel system, City roadway crossings and adjacent State highway sound walls to determine the hydraulic factors contributing to a levee overtopping. Client: Law Offices of George W. Nowell, San Francisco, CA. Reference letter available here:

  • Provided Expert Testimony In Judge Trial In Defense Of Reclamation District’s Flood Control Operations, R.D. 1000, San Joaquin River, San Joaquin County, California. Case involved the operation and maintenance of levees, sloughs and pump systems within the Reclamation District.  Suit was filed by agricultural landowners in response to the flooding of their lands during the Sacramento Valley floods of January 1995 and January 1997. Client: Law offices of Melhaff  & Hay, Tracy, CA .

  • Provided Deposition Testimony On the Forensics of Sacramento Valley Levee System Failure, R.D. 2107, San Joaquin River System, California. Acted as hydraulic and hydrologic engineering expert for Reclamation District responsible for the operation and maintenance of a series of state levees that failed in January of 1997. Historic San Joaquin and Stanislaus River flows were characterized to determine flood flow frequencies and a detailed UNET hydraulic model of the river system was analyzed for the flood event. Client: Law Offices of Guichard, Jones and Tarkoff, Sacramento, CA. Reference letter available here:

  • Judge Trial Testimony on the Source of Flood Waters Occurring at Residential Complex, Santa Rosa, CA. The source and causes of flooding at an apartment complex was determined, by the use of hydraulic modeling, as being the result of the improper design and maintenance of drainage features on an adjacent CalTrans easement property. Client: Law Offices of Mikel D. Bryan, Santa Rosa, CA .

  • Deposition Testimony Provided In Determination Of Causes of Flooding Of Mobile Home Park, City of Hayward, Alameda County, California. Conducted engineering analysis of hydrology, hydraulics and meteorology leading to the flooding of the Spanish Ranch Mobile Home Park during January 9-10, 1995 Northern California flood event. Acted as expert witness regarding the design vs. existing capacity of the local flood control districts channel system and the relative frequency of the causative storm and flood event. Client: Varni, Fraser, Hartwell & Rogers, Hayward, CA.

  • State Levee Project Hydraulic Evaluation, Bethel Island, San Joaquin Valley, California. The hydraulic effects of a state levee rehabilitation and environmental mitigation project, managed by a municipal irrigation district, were determined. Client: California Department of Water Resources, Law Firm of Lewis, Brisbois, Bisgaard & Smith,  San Francisco, CA .

  • Provided Litigation Support in Determining Causes of Flooding, Newark, California. A number of parcels of agricultural lands surrounded by tidal levees were being increasingly flooded over the years. A meteorologic and hydrologic investigation toward the development of a historical water balance for the property was conducted to determine the possible causes. Levee overflows and seepage, rising groundwater levels, historical rainfall records and diverted runoff patterns were all addressed. Client: Wendel, Rosen, Black & Dean, Oakland, California and the County of Alameda.

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