Construction

Transforming Complex Engineering Into a $400M Judgement

When the North Texas Tollway Authority faced the catastrophic failure of a retaining wall system, the outcome of the case depended on helping the jury understand highly technical engineering concepts.

That’s where Fox-AE’s 3D animations became invaluable. Let’s take a look at the NTTA’s strategic use of graphics.

Picture of Steve Malouf, Malouf & Nockels

Steve Malouf, Malouf & Nockels

"Fox-AE is the most sophisticated presentation company in the country. First-rate in every respect. Use Fox-AE whenever possible - your client and the jury will thank you. Your opposing counsel will not."

The Case Explained

The NTTA paid a company to design 96 mechanically stabilized earth walls (MSE) that lined 6.5 miles of highway. These walls were supposed to have a minimum safety factor rating of 1.5 and a guarantee to last 100 years. The project was completed in 2012, but in 2020 one of the walls failed exposing a systematic design deficiency.

Animations Come to Life

Due to pressure from the soil surrounding the structure, the reinforced fill was slowly pushed out from the soil, causing the integrity of the wall to fail. Using Fox-AE’s sophisticated 3D models, the NTTA was able to show that the angle of the structure was not stable enough to sustain the pressure from the soil.

A Critical Angle

The NTTA used our animation models to demonstrate a critical flaw in the angle of the MSE. The structure was compromised due to the soil surrounding the retaining fill pressing at an unstable 24 degree angle. Graphic one depicts the distribution of force on a 24 degree angle in contrast with a more stable 38 degree angle.

The Answer is in the Numbers

The NTTA used our models to show that had the wall been built using a more stable angle, the result may have been different. Graphic two is an example of another 3D model depicting how using a 38 degree angle in the walls construction would have achieved a sufficient safety rating and ensured the integrity of the wall.

$400,000,000 Judgment

The court ruled in favor of the NTTA, and their legal team was able to secure a judgment of $400,000,000. In this highly technical case, the use of 3D animations and models were critical to communication with the jury.

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Construction

Anybody that works in construction knows that injuries are bound to happen. Whether it’s a slip and fall or being crushed inside an excavator, safety protocols will not always be enough. However, when it comes time to decide causation and magnitude of pain and suffering, the situation can become cloudy. 

If you’ve ever attempted to explain to a jury how a certain kind of fall led to significant damages, you know that it’s no easy task. To make things worse, even if exactly the right words are spoken, there’s no guarantee that every jury member will be paying enough attention to fully comprehend what is being said. 

The Effect of Visual Aids

A whole host of problems can arise from a situation where the jury has asymmetrical information. It’s possible that the potential damages that they’re willing to award your client will be less than what they would be if all the members understood the full extent of your client’s suffering. Because of the digital nature of the way that we communicate information in modern society, simply telling somebody about something doesn’t have the effect that it used to. More than ever, visual aids are critical for an efficient information transfer process. 

Kindergarteners have activities like “show and tell” because humans are innately visual creatures. Regardless of a person’s educational background, they will be able to understand something that’s shown to them. 

Douglas Vogel’s conclusion after conducting a study on persuasion and the role of visual presentation support was that:
 “Perceptions of the presenter as well as audience attention, comprehension, yielding, and retention are enhanced when presentation support is used compared to when it is not. Presentations using visual aids were found to be 43% more persuasive than unaided presentations.”

 

Fox Animation Engineering - Industry Leader for Legal Graphics

This is where animation can be helpful. Our founder, Cody Roberts, has more than a decade of experience working in the construction industry as an engineer, and has created animations for countless construction related injuries. In addition, here at Fox-AE, we’ve mastered the visual art of communicating. Our digital storytellers have worked for years to perfect their craft, and have become some of the best legal animators in the industry. 

Edward Carrick, an expert witness says: “The jury was like a deer in headlights as I described extremely complex Diagnostic Trouble Codes of a Power Steering System on the stand. After we laid the foundation, I re-explained my opinions while the animation was playing simultaneously. The once half awake and confused jury was now engaged, even nodding their heads in agreement. Solid expert opinion together with Fox-AE’s Animation and Video Deposition was unstoppable during this improper installation/product failure case. Out of hundreds of cases, this was the single most difficult case I’ve ever rendered an opinion, and I was glad to have Fox-AE on my team. Our client won the trial.”

Our work speaks for itself. Fox-AE is able to render state-of-the-art animations for cases of all kinds and sizes. Our top-notch team of medical illustrators, practitioners, and engineers all have diverse backgrounds that can create animations that produce results. 

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