SECTION - 1 - INTRODUCTION / STATEMENT OF FACTS

The following meteorological analysis was requested by John Smith of the Law Offices of Smith & Smith.  At the request of Mr. Smith, I have examined the weather conditions for the Franklin Park, NJ area for December 9, 2005 in addition to several preceding days.

My inspection of the weather records will determine the type and extent of any precipitation that fell on the accident date as well as several prior consecutive days. Furthermore, I have examined the condition of ground surfaces at the time of accident and before including the air temperature and the propensity of the melting and refreezing. 

Weather records examined included copies of official National Weather Service surface observations as well as monthly COOP data, Doppler Radar images and public information statements. These publications were obtained from the online web pages of the National Climatic Data Center and the National Weather Service in Mt Holly, NJ. Additional references reviewed included various on-line and published materials regarding the use, effectiveness and proper applications of deicers and abrasives. I have also examined aerial photography available on-line provided on both Goggle Earth and Microsoft Live Search Maps sites. Lastly, the US Naval Observatory Astronomical Applications Department’s web site was referenced in order to determine sunrise and sunset data.

It is my understanding that at approximately 11:00- 11:30 PM on December 9, 2005, the Plaintiff in this matter, Mr. X, alleges to have slipped and fallen on a wet/icy patch on the sidewalk located near 123 Columbia Street, Franklin Park, New Jersey 08823.  The name of the property is XYZ at Franklin Park and is owned by the XYZ at Franklin Park Condominium Association and managed by ABC Property Management.  The Plaintiff has indicated in both answers to interrogatories and deposition testimony that the sidewalk where he fell had been cleared of snow.  He also stated that he did not see the ice on the ground before his fall and that the sidewalk appeared wet.  It was not until after his fall that he realized that it was icy and wet.  Several times, he testifies that the sidewalk had been cleared of snow but contained patches of wet and ice.  According to the Plaintiff, it was not snowing when he left his house around mid day or in the early afternoon of December 9, 2005.  He heard someone clearing the walkway in the morning before he left his home and stated that the sidewalk in front of his house had been cleared of snow.  However, at the time he left his home, he was unable to observe the condition of the walkway in the area where he alleges to have fallen, later that night, because the route to his car took him directly into the parking lot first then remained in the parking lot until arriving at his vehicle.  He testified that the parking lot appeared plowed when he left his house except for some snow located immediately behind parked cars.  After being gone for much of the day he returned to his house late at night and parked his vehicle in his assigned parking space.  He then walked over a snow mound and a grass strip located between the parking lot and the walkway.  After taking a few steps on the walkway, he alleges to have fallen on the sidewalk near the light pole not too far from his car.  He indicates the walkway looked wet and he had no problem walking initially but then fell on ice.  He describes the ice as clear and the area where he fell containing both liquid water and ice.    Mr. X has indicated that when he returned home at night the weather was “too much cold. I think, I don’t remember exactly, but 10 or 12 degree temperature”.    He further testified that the weather was a lot colder at night than when he left during the day.

            ABC Snow Removal provides snow and ice remediation services to the XYZ at Franklin Park. I have examined the snow and ice agreement between ABC Snow Removal and XYZ at Franklin Park.  The effective dates of the contract examined are from the winter of 2003-04 through the 2005-06 winters.  The contract specifies that the snow removal should occur on all streets, sidewalks, and walkways which make up the Association.  Section 6 of the agreement states that clearing of snow from sidewalks and entrance ways will commence when the snowfall has stopped and must be cleared within eight hours from the end of the snow fall. Section 7, provides that immediately after the removal of snow and when needed, the contractor shall apply a deicing material to the sidewalks and must contact an approved association member prior to beginning the deicing process.  Section 9, indicates that deicing will occur only at the Board’s or Management’s approval. 

            According to ABC Snow Removal, invoice number 1234, dated December 14, 2005, complete snow-clearing service was provided at the property in question on December 9, 2005 in the morning.  Furthermore, the invoice states that snow began at 4 a.m. and continued until 9:30 a.m. on the same day.

I have relied on the above weather data as well as more than 25 years of professional experience dealing with the snow and ice management industry, snow removal contractors, property owners municipal and county road departments and private industry to arrive at the conclusions below.  I have also relied on the aforementioned materials provided by the attorney’s office to support my findings.

My report of the weather conditions as well as opinions and appropriate conclusions follow.

SECTION - 2 - WEATHER RECORDS *

Surface Weather Observations

Surface Weather Observations are usually taken at airports on a continuous basis at one report per hour minimum.  These observations usually contain a wealth of data pertaining to hourly temperature, cloudiness, visibility, wind direction and speed in addition to precipitation amounts and the depth of snow and ice on the ground.  

In order to estimate the weather conditions in the Franklin Park, New Jersey area on December 9^th, 2005, the following reports were examined:

·        Newark International Airport, NJ (KEWR)

·        Somerville Airport, NJ (KSMQ)

·        Trenton Mercer County Airport, NJ (KTTN)

Climatological Records (Monthly COOP Data)

Climatological records contain a summary of the past 24 hours and are usually taken once a day by private weather observers, universities, FAA Facilities and National Weather Service offices.  Though occasional errors are found in theses Climatological observations, most are extremely reliable.  They must, however, only be utilized as a supplement to the highly detailed airport observations.

In order to estimate the weather conditions in the Franklin Park, New Jersey area, on December 9^th, 2005, the following reports were examined:

·        Flemington 5 NNW, NJ

·        Hightstown 2 W, NJ

·        New Brunswick 3 SE, NJ

·        Somerville 4 NW, NJ

Doppler Radar Images

            There are 158 operational Doppler Radar sites across the United States. Each   Radar site has a range of about 143 – 288 miles depending on the mode of operation.  Numerous products are derived using the Doppler Radar.  For this report, I examined Base Reflectivity Images, which depict the intensity and location of precipitation.  These images were derived from the radar site KDIX, which is located in Fort Dix, NJ.

Public Information Statements – Snow Spotter Reports

            The National Weather Service Forecast Office out of Mount Holly, NJ issues Public Information Statements – Snow Spotter Reports during and after a storm that has been affecting their region. The snow reports come from highway departments, cooperative observers, skywarn spotters and media.

National Weather Service Zone Forecasts

            The National Weather Service Forecast Office out of Mount Holly, NJ is responsible for issuing daily zone forecasts, most watches, warnings, advisories and special statements for the Franklin Park, NJ area.  Daily zone forecasts are issued several times a day, sometimes more if updates are needed.   These forecasts are immediately made available to the Public on the Internet, local radio and or television stations. 

  *Please refer to the following map for the locations of the weather stations examined for this report.

Approximate location of Accident

SECTION – 3 - WEATHER CONDITIONS IN THE FRANKLIN PARK, NJ AREA ,  DECEMBER 8^TH AND 9^TH, 2005

December 8^th, 2005 was mostly sunny and cold.  During the pre dawn hours, the sky quickly cleared and the temperature cooled to a low in the mid to upper teens.  At 7 AM, exposed, undisturbed and previously untreated ground surfaces were covered with an approximate 1.0 – 2.0 inches of naturally precipitated snow and ice that had accumulated during prior storms.  Mostly sunny weather prevailing throughout the day slowly warmed temperatures to an afternoon high near 32 degrees. Sunset on this day was at approximately 4:30 PM.   At night, the clouds lowered and thickened into an overcast and the temperature leveled off in the upper 20’s towards Midnight.  Just before the end of this calendar day an approximate inch of snow and some ice remained upon, untreated, undisturbed ground surfaces.

December 9^th, 2005 (Day of Accident) featured a lowering overcast which began producing light snow between 3:30 and 4:30 AM.  A steady period of snow through about 7:30 AM became mixed with freezing rain and sleet between 7:30 and 8:30 AM and then ended a short time later, around or just after 9 a.m.  An approximate, 5 inches of snow and some ice accumulated during the predawn and early morning as temperatures held in the 20’s.  Following the snowfall, the sky became partly sunny and as the morning progressed, the temperature slowly warmed through the 20’s, climbing above freezing between 11 AM and Noon.  Further warming continued during in the afternoon raising temperatures to a high in the upper 30’s.  Combinations of sunshine and temperature readings above 32 degrees facilitated snow removal and the effective use of deicers on any residual snow and ice upon ground surfaces.  Sunset occurred at approximately 4:31 PM after which the evening temperatures cooled to near freezing by 6 or 7 PM and just below freezing shortly after 9 PM.  Any runoff or snowmelt water present on ground surfaces after 9 p.m. would have begun to refreeze.   Around the time of the slip and fall accident, 11:00- 11:30  PM, the weather was clear and cold with a temperature of 30 – 31 degrees, just a few degrees colder than it had been at noon on the same day.  Winds were out of the west northwest at 5 mph and the visibility was unrestricted.  As a result of this and prior days storms, exposed, undisturbed and untreated ground surfaces remained covered  with approximately 4 to 5 inches of snow.  

            The following is a detailed summary of the temperature and weather conditions in the Franklin Park, NJ area on December 9, 2005.  The data has been derived from the best available weather stations near by and are representative of the Franklin Park, NJ area.

 Hourly Weather Conditions in Franklin Park, NJ on December 9^th, 2005

* Temperatures are in degrees Fahrenheit.   ** Average Ground Conditions represents the average amount of residual snow and ice cover, in inches, on exposed, undisturbed and untreated ground surfaces.

SECTION - 4 - REVIEW OF DEICERS/ABRASIVES 

In order to make roads/ parking lots walkways and driveways passable, and reduce the threat of accumulating winter hazards such as snow and ice, snow plowing contractors or property owners must generally apply either chemical deicer to melt ice and snow or spread sand or other abrasives to provide traction.  Clearing parking lot and roadbeds or walkways or other pedestrian travel-ways to a bare surface usually requires some deicing chemicals.  The most common chemical used is salt (sodium chloride) and is also the least expensive and most available.  Calcium Chloride, which has a melting capability down to about 20 degrees Fahrenheit below zero, is considerably more expensive then salt, but significantly more effective at colder temperatures. Both of these chemicals are widely used but there are others as well those are very effective in removing ice accumulations.

A Review of the most common Deicers and Their Characteristics

Salt (Sodium Chloride) - By far the least expensive and most commonly utilized of the deicers.  Salt, mainly rock, is an effective melting agent in temperatures down to 20 degrees above zero, but loses it’s capability rapidly, becoming almost useless as temperatures approach zero.  Salt can melt 5 times more ice at 30 degrees than at 20 and is extremely effective at 25-40 degrees

Calcium Chloride - Probably the most utilized ice melting agent, aside from salt and less corrosive.  It has a much lower effective ice melting capability down to about 20 below zero and works faster than salt.  It is more costly than salt but the preferred chemical during colder weather.  Generally this deicer is used more frequently on walkways or pedestrian travel- ways in order to insure a faster and more effective snow melt.

Abrasives - These materials such as sand, crushed aggregate and cinders are used to improve traction of snow and ice covered pavements and sidewalks.  The application of abrasives reduces the slipping hazard as long as they remain in place.  The advantages of abrasives are that they are relatively inexpensive, they work immediately upon application, and they are not dependent on the temperature and are visible to the pedestrian or driver.

Information from Roads and Bridges Journal - June 1994 and Better Roads Journal - October 1989/ Managing and Ice control Operations Univ. of Wisconsin October 30-31, 2000

SECTION - 5 - SUMMARY AND CONCLUSION

Based on the weather data examined, I have prepared the following summary including important conclusions and opinions.  These conclusions and opinions are provided with a reasonable degree of meteorological and scientific certainty and are supported by the data examined as well as the additional documents reviewed, and are appropriate for the Franklin Park, NJ area for December 8^th and 9^th, 2005.   

1.      Snow developed on December 9^th, the day of accident, between 3:30 and 4:30 AM.,  then mixed with sleet and freezing rain before ending shortly after 9 AM ,  producing an accumulation of about 5 inches of snow and some ice. This is consistent with the both the records of the snow and ice contractor, ABC Snow Removal as well as the testimony of the plaintiff who indicates that he heard snow clearing operations before he left his home around mid-day on December 9, 2005. The plaintiff also testified that when he left his home the walkway and parking lot had been cleared of any new snow accumulation. 

2.      Following the precipitation, the sky became partly sunny and the temperature rose above freezing between 11 AM and Noon. Further warming, resulted in the temperature climbing to an afternoon high in the upper 30’s which greatly facilitated any snow clearing operations as well as the effectiveness of snow melting chemicals that had been applied to the parking lot and walkway areas.

3.      As a result of the sunshine and above freezing temperatures, it is reasonably certain that any residual snow left on walkways or parking lots following the snow clearing efforts earlier in the day had completely melted by the end of the December 9, 2005 afternoon.  In addition, however, some snowmelt water was generated from both naturally snow covered grassy areas as well as man made piles.     

4.      According to the plaintiff, a combination of wet and icy surfaces existed at the location of the sidewalk where he alleges to have slipped and fallen to the ground.   The temperature during the 2-3 hours prior to the plaintiff’s alleged accident had just dropped below freezing. It is reasonably certain that if ice was present in conjunction with water, as the plaintiff describes, the ice was just in the process of forming either during or shortly prior to his alleged fall.  The air temperature at the time of the accident was approximately 30-31 degrees only a degree or two colder than at midday when the plaintiff left his house.  It was not 10-12 degrees at the plaintiff has testified.   

5.      In order for water and ice to be present in the same solution, as the plaintiff describes, the ice must be either just forming or melting.  The Plaintiff describes the ice as being clear and beneath a layer of water.  Clear ice can only form as a result of liquid water freezing.  It is not the residual of packed or old snowfall or improperly removed snow.  Clear ice forms when liquid water is subjected to temperatures below the liquids freezing point.  The fact that water was still present on the walkway confirms that the contractor had applied a deicing chemical earlier in the day and some residual effects of the deicer were still occurring keeping much of the walkway wet even at a temperature slightly below freezing.

6.      It is my opinion that any ice present on the sidewalk in question at the time and date of the Plaintiff’s alleged slip and fall, was at most, 1 or 2 hours old, and perhaps just forming moments before the time of the accident.   

7.      It is also my opinion that the snow removal contractor did perform the duties required of him in the snow plowing agreement. He cleared the new snow accumulation as soon as it had stopped falling well within the 8 hour allotted period and subsequently applied a deicer to the walkways.

SECTION - 6 – CERTIFICATION

I certify that the above information is true and accurate and that any estimations, interpolations or assumptions that have been made were done so with expert accuracy by a professional meteorologist.  Additionally, I reserve the right to amend these conclusions made herein upon further discovery of additional meteorological data.

Frank P. Lombardo CCM

Certified Consulting Meteorologist
President - Weather Works