Expert Witness

Curriculum Vitae of
Nicholas J. Barta
Partner, Bottom Line Loss Control, Inc

I have been operating powered industrial trucks since 1969. I have operated all styles of forklifts in the last 36 years, including sit down counterbalance from 2000 pound to 120,000 pound capacity. I have operated stand-up narrow aisle forklift including forklifts from the manufactures Raymond, Crown, Hyster and Clark. I have operated tuggers, all styles of electric pallet jacks including walkies, riders (single, double, triple and 4-long), and walkie stackers. I have operated order pickers, and all-terrain reach forklifts. In addition to operating these various styles of forklifts, I have also operated the following attachments: side-shift, high side and low side clamp, rotators, carpet poles, single and double reach stand up forklifts, fork extensions, barrel attachments, turret trucks, and 180 degree swivel mast attachments. I have operated battery, propane, gas and diesel forklifts.

My work history is as follows:

1969-1977 Safeway/Albertsons/Red Apple - retail grocery night stocking, receiving trucks

1977-1978 Todd Shipyards - material handler

1978-1990 Associated Grocers - warehouse forklift operator

1990-1999 City Ice Cold Storage-Distribution manager

1998-present Bottom Line Loss Control - Partner
 

• 1969-1977 Received pallets of grocery goods at Safeway, Albertsons, and Red Apple Foods. Most use was electric pallet jack, occasional sit down counterbalance. On night shifts I moved pallets to break down positions on the grocery floor. On dayshift, I received all the products from vendors such as soda, beer, bread, and dairy companies. Most use was the electric pallet jack.
   

• 1977-1978 Working for Todds Shipyards, worked with 12,000 pound capacity forklifts in moving materials in a 15 acre ship building facility.
   

• 1978-1990 Worked at Associated Grocers in shipping, receiving, and replenishment in dry grocery, deli, and H.A.B.A. departments. Operated tuggers, standup narrow aisle reach forklifts, double long riding electric pallet jacks, and sit down counterbalance forklifts.
   

• 1990-1999 At City Ice Cold Storage, was the Distribution Manager, and also operated singe electric pallet jacks, standup narrow aisle double reach forklifts, standup dock trucks, sit down counterbalance forklifts, both electric and propane. Also operated sit down counterbalance forklifts from 80,000 to 120,000 pounds capacity. I also operated aerial lifts including scissor man lifts, aerial man baskets, and single-man lifts. In addition to the previous equipment, I operated a yard hossler, or yard goat, which moves trailers within the facilities yard area. In 1992 became a forklift instructor under the Ives and Associates program and trained all City Ice forklift operators, and about 350 operators in our customer base.
   

• 1999-Present In 1995, after training about 350 operators under the Ives program, I began to try new methods of teaching, rather than using lecture as the primary method. With continuing success I began to plan to begin my own train the trainer, and operator training program. In 1998, my partner and I founded Bottom Line Loss Control, and began training forklift operators and trainers.
  I have been involved as an expert witness on forklift deaths, injuries, investigations, as well as lawsuits involving aerial lifts and earth moving equipment. Experiences in depositions, written opinions and pre-trial question development, jury trial presentations, accident recreations, working with graphic designers and model replicators. Extensive experience in actual operation of powered industrial trucks, and the management of forklift operations and forklift operators.

In 2003 I began to work with attorneys as an expert witness in forklift and aerial lift injury and death cases. My unique position of having operated most all styles of forklifts, having been in production forklift operation as a warehouseman, and managing several warehouses give me a “real world” view of how to run a safe operation, and stop injury accidents. I have been involved as an expert witness in aerial lift, skid-steer bobcat, and forklift lawsuits.

In my career I have operated the following manufacturers’ forklifts: Mitsubishi, Komatsu, Drexel, Cat, Barret, Yale, Linde, Clark, Taylor, and TMG. I have worked in the following environments: -20 degree freezers, refrigerated warehouses, and dry warehouses. I have operated on the following surfaces: dirt, inclines and ramps, gravel, asphalt, and cement. I have worked in dock areas, outside environments, yard areas, narrow and wide aisle warehouses, construction sites, and piers. I have worked in racking and conveyer systems, bulk storage areas, and railcar loading. I have worked around high densities of other operators, and high density of pedestrian traffic. I have worked around pedestrians from temporary services, as well as pedestrians who have no knowledge of the risk forklift traffic poses.

BLLC has trained over 4,000 trainers, and those trainers have about 250,000 operators under our program. I have trained over 5,000 operators. I have had input into the W.A.C. codes of Washington State re-write of OSHA’s new rule, and this input was implemented into the W.A.C. codes of Washington State. I have spoken at industrial conferences, written articles for publications, and consulted and developed safer forklift operator programs for customers such as Costco, Starbucks, James Hardie Company, and Henningsen Cold Storage. One of our customers tracked a 75% decrease in injuries while expanding their facilities and forklift use by 25%.

Fee Schedule

Retainer Fee - Please contact us at 253-845-6711

Billing Rate - Please contact us at 253-845-6711

No charge with a 10 day notification for cancelled depositions, court dates, or phone conferences.

We will bill at the end of every month and the terms are Net 30.

Checks are to be made payable to Bottom Line Loss Control.

PO BOX 731361
Puyallup, WA 98373
253-845-6711

References

• Abeyta Nelson Law Firm – Terry Abeyta
  Office 509-575-1588
  Email tabeyta@abeytanelson.com
   

• The Blair Firm – Scott Blair
  Office 206-527-2000
   

• Knafo Law Offices – Mark Altemose
  Office 610-432-2221
   

• Turner and Sweeney - John Turner
  Office 816-942-5100
  
   

Contact; Nick Barta, PO Box 731361, Puyallup, WA 98373
253-845-6711

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