IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT HUNTINGTON, WEST VIRGINIA
ROBERT A. JONES, as Administrator of the Estate of Jane Doe,

Plaintiff,

vs.

ABC HOSPITAL, INC.; PHYSICIANS & SURGEONS, INC.; SMITH UNIVERSITY BOARD OF GOVERNORS; J. JOHNSON; E. BROWN; G. GREENE; W. WILLIAMS; BARB BLUE; and WENDY WHITE,

Defendants.

CASE NUMBER: 0:00-cv-00000

MEMORANDUM IN OF LAW IN SUPPORT OF
MOTION FOR SUMMARY JUDGMENT OF WENDY WILLIAMS

INTRODUCTION
Comes now the Defendant, Wendy Williams, R.N., by counsel, Sam Samuels and the law firm of Samuels & Assoc., PLLC, and hereby submits the following memorandum of law in support of her Motion for Summary Judgment.

Defendant’s Motion for Summary Judgment should be granted as Plaintiff has failed to disclose an expert qualified in nursing who holds the opinion that Defendant, Williams, has breached the standard of care and/or caused harm to Jane Doe.

STATEMENT OF FACTS
This case concerns the death of a 37-year-old physician who experienced a second-trimester septic, missed abortion. Dr. Jane Doe, came to ABC

Hospital on 9/28/11 at or about 18:25 with vomiting, headache and fever of 102.8. She was tachycardic upon admission with a blood pressure of 91/67. She was in the 17th week of her pregnancy with obvious complications and she was sent emergently to the OB Triage area. Her fetus was not viable, had no heartbeat upon admission. During the duration of Dr. Doe’s hospitalization, her condition never stabilized. She was placed in the surgical care unit where she died on October 2, 2011.

Dr. Doe had suffered two ectopic pregnancies, lost one ovary, miscarried another child and undergone in vitro fertilization for this current pregnancy. At the time of her admission, she was 17 weeks and 3 days pregnant with fever, chills, vomiting and tachycardia. She was under the care of University Physicians & Surgeons, so, she was taken to OB Triage by her neighbor, Paul Paulson. Urine was sent to the lab, the physician was notified and arrived at bedside, and the patient was given Tylenol for fever. All of this was accomplished and documented by 18:50. Prior to 19:40, an IV was started, blood was drawn and sent to the lab. No fetal heartbeats were detected by Doppler so a bedside ultrasound was performed by Dr. Brown which showed no detectable heartbeats. The patient was then taken for a complete ultrasound to x-ray, which must be done in cases of this nature. Once the fetal demise was confirmed by ultrasound, she was returned to the floor at 21: 15. Dr. Greene and Dr. Brown discussed a plan of care with the patient. Nitrozine and fern tests were both positive for amniotic fluids which indicated the membranes had ruptured sometime earlier. Although Dr. Doe denied leaking membranes upon admission, she later recalled the leaking of fluid the day before her admission. A vaginal exam was performed and the cervix was dilated to 3 cm.

The amniotic fluid was noted to be leaking purulent drainage (pus). Cultures were done which were quickly positive for Escherichia coli (the bacteria that is commonly found in the lower GI tract and stool). Broad spectrum antibiotics were ordered at around 11 p.m. in the form of clindamycin, gentamicin and ampicillin was also ordered. Dr. Greene determined that Dr. Doe was suffering from sepsis from chorioamnionitis due to intrauterine fetal death. She was given misoprostol, a prostaglandin, to induce expulsion of the dead fetus. Morphine was ordered for pain but was held multiple times by the nurses due to hypotension. After the fetus was expelled at 3:05, the placenta was noted to have a foul smell, as well.

Dr. Doe’s condition required pressers to maintain her blood pressure. As she progressed, she developed, ARDS (acute respiratory distress syndrome) and she was placed on a ventilator with sedation. She also developed DIC (disseminated vascular coagulation) which is a clotting disorder seen after sepsis or large blood loss. She also developed renal failure and metabolic acidosis. Very early in her admission, she required continuous renal replacement therapy for her kidney failure and her antibiotic dosing was adjusted to accommodate this condition. On October 2, 2011, she was unresponsive to pain, had pupillary reflexes suggestive of a severe intracranial hemo11 & middot;hage due to DIC. She was given only one dose of Manitol, a drug which is given to decrease the swelling of the brain, because her osmoles remained too high for a second dose. She died later that day.

SUMMARY JUDGMENT STANDARD OF REVIEW
Pursuant to Rule 56(c) of the Federal Rules of Civil Procedure, motion for summary judgment "shall be rendered forthwith if the pleadings, deposition, answers to interrogatories and admissions on file, together with affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law." See, Fed R. Civ. P. 56(c); Barwick v. Celotex Corp., 736 F2d. 946 (4th Cir.); Celotex v. Catrett, 477 U.S. 317, 322-24(1986). To prevail on a motion for summary judgment, the moving party has the burden of showing the absence of any genuine issues as to all the material facts, which under the applicable principles of substantive law, entitle him/her to judgment as a matter of law. Lewis v. Coleman, 257 F. Supp. 38 (S.D. W. Va. 1966). A genuine issue of material fact exists if the evidence is such that a responsible jury could return a verdict for the non-moving party. Sayer v. General Nutrition Corp., 867 F. Supp. 431 (S.D. W. Va. 1994), Affirmed, 67 F.3d 296 (4th Cir. 1995).

ARGUMENT

THE EXPERT PHYSICIANS WHO HAVE TESTIFIED ON BEHALF OF THE PLAINTIFF DO NOT QUALIFY AS NURSES.
In response to Defendants’ Motion to Limit Plaintiff s Experts, the Court stated as follows:

It is not clear that a physician will be deemed qualified offer (sic) credible testimony on the standard of care applicable to nurses; it should instead be expected that only testimony by a nurse will reliably establish the applicable standard of care.
In disclosures, many of the physicians involved as expe1is on the behalf of Plaintiff had offered opinions regarding nursing care. During the depositions, however, it became clear that not one of the physicians had gone to nursing school; had been educated or trained as a nurse; had any credentials as a nurse, and none were registered with any boards of nursing. Although many of the physicians expressed a belief that they could testify regarding what nurses do, such opinions do not qualify them as nurses.

Dan Richards, M.D., in particular, thought himself to be qualified as a nurse. Yet, he could not formulate a recognizable nursing diagnosis based on the admitting records he was provided or on any of the medical records he had reviewed. (Exhibit A, deposition of Dan Richards, M.D., pp 91-92).

ASSUMING, ARGUENDO, THAT THE COURT DETERMINES THE EXPERT PHYSICIANS WHO HAVE TESTIFIED ON BEHALF OF THE PLAINTIFF ARE QUALIFIED AS NURSES, THEIR TESTIMONY IS NOT SUFFICIENT TO SURVIVE SUMMARY JUDGMENT.
DAN RICHARDS, M.D.

He did not, of his own volition, offer testimony against Wendy White when giving his opinions at his deposition. Rather, he was led into vague references about her conduct when he was asked by this defense counsel:

Question: "ls there anything else you plan on commenting about that we haven’t asked you?"

Answer: "I think we have covered most of what’s in my report. I think that covers it."

(Exhibit B, p. 104, Deposition of Dr. Richards).

Following this exchange, Plaintiff s counsel asked Dr. Richards if he disagreed with some of the opinions of Dr. Lowman, the obstetrical expert for the defense. Plaintiff s counsel stated,

Mr. Gaston: And…

Question ". . . And doctor, I believe, do you have some additional opinions with respect to the breaches, and I’ll just, although not specifically referred to in your deposition here today, that there was a nurse by the name of Williams who administered the clindamycin to Dr. Doe around 11:30 p.m.?"

Answer: "OK"

Question: "And she did not administer the gentamicin at that time and I think it’s your opinion that the nurse should have checked at that point to see whether gentamicin was and why it wasn’t on the chart."

Mr. Samuels: "Objection. You are stating an opinion that he hasn’t given."

Mr. Gaston: “I’m asking if it’s true."

Mr. Gaston went on to inquire,

Question: " Doctor, is that an opinion that you intend to give if there was a breach by Nurse White that at the time she gave the clindamycin at 11:30 that she should have also checked to find out where the gentamicin was because both of those medications had been ordered at the same time by Dr. Greene?"

Answer: "I think that would have been the appropriate action to take, yes."

Question: "And you also believe that there was a breach in the standard of care by the nurses when they transferred Dr. Doe from OB Labor and Delivery into the intensive care unit by not at least notifying the pharmacy of the transfer and finding out and letting them know where to send the gentamicin because Dr. Doe had been transferred from one unit to another?"

Mr. Samuels: “Same objection to leading your witness.”

Answer: "I think there should have been more vigilance to make sure this patient got the drugs that were ordered which in her case would have been life saving.”

This testimony was very weak and not part of the opinions that were offered by this witness in his direct examination. They were more of suggestions by Plaintiff’s counsel that

were agreed to by Dr. Richards. Further, these were vague criticisms of the nurses, not specifically criticisms of Ms. White. Dr. Richards does not single out Nurse White when he says, "that would have been an appropriate action to take," (Exhibit C, deposition of Dr. Richards, p 105) Given that Dr. Richards is not a nurse and can never qualify as a nurse, and the fact that his testimony of nurse White came only in agreement to the prompting of Plaintiff s counsel, makes it less credible. Dr. Richards should not be entitled to testify against nurse White as an expert in nursing.

LARS KENNY JR., M.D.

Plaintiff has also offered Lars Kenny, Jr., an emergency room physician, who was asked:

Question: " . . . . Do you have any criticisms of W. White?"

Answer: "Criticism of . . .?"

Question: "W. White? It’s W-H-I-T-E"

Answer: “Oh yes."

Question: " She’s the nurse that hung the clindamycin and that’s the only thing that I can see in this record she did in this case. She was not a primary nurse."

Answer: "I don’t think so, but let me check. I mean there are an awful lot of players in this."

Question: “I know."

Answer: "Only in -in the issue about the disappearance of gentamicin. I mean gentamicin was – we know was formulated in the pharmacy. The tech mixed it at about a quarter to 12, as I – as I – or, know, about a quarter to 11 as I recollect. So after 11 it was sent somewhere, presumably to the obstetrical department, although I can’t find any documentation of that anywhere. But, presumably, it went to the obstetrical department. There was a handoff between the obstetrical nurses and the ICU nurse.

What happened to the gentamicin is very unclear to me. I mean I think it wound up in the ICU because I think that’s the dose that was given to the patient at 6:17 in the morning. I think that there is support for that in the clinical records. However, there is nothing in the nursing notes and nothing in the nurse’s memory that they interacted to – you know, to locate the gentamicin, to make sure the patient got it, that they talked about it and reported hand off. So that’s – I think it’s a criticism of failure of communication, basically. And, failure to check and make sure the patient got a dose of medication that was ordered."

Question: "Is there anything that you’ve read that tells you Wendy White had anything to do with reporting of this patient that was not her primary patient?

Answer: "I think she accompanied her to the – the ICU if mem01y serves me correctly and you know, I would think had some knowledge of the fact that, you know, gentamicin was ordered and gentamicin wasn’t given. I mean, if she can say, I never knew that. I mean, this is not in her deposition, but if she could say it in testimony in court, for instance, or in a supplementary deposition, "I never" – "I was just helping push her down the hall, I had no idea what medications were ordered, I had no idea what medications were there or available" or anything like that, I would obviously withdraw that criticism."

He went on to admit that he did not know what time the medication got to the floor based on the testimony of the pharmacy witnesses. (Exhibit C, Deposition of Lars Kenny, Jr., M.D., pp. 137-140.)

In the testimony of Wendy White, it was her testimony that she recalled going to help the nurse that was taking care of Ms. Doe on Labor and Delivery and helping her transport the patient to the ICU. (Exhibit D, Deposition of Y Wendy Williams, p. 12) She was asked by Plaintiff s counsel:

Question: "Ok. In as far as you know you have no memory, one way or the other, whether gentamicin was in Labor and Delivery Unit when Dr. Doe was transferred in to Intensive Care; would that be fair?"

Answer: "I don’t remember."

Question: "Did you make a phone call to facilitate the transfer of Dr. Doe from -?"

Answer: "No."

Question: "No? Ok. Did you prepare any paperwork for the transfer?"

Answer: "No."

Question: " Ok., so your main role was to help – – – ?"

Answer: " Push the bed.”

(Exhibit D, Deposition of Wendy White, p. 15)

Dr. Kenny stated in his deposition that if Wendy White testified she was just helping push the patient down the hall and had no idea what medications were ordered, he would withdraw his criticism. Ms. White testified that she was just there to push the bed down the hall and to help and assist nurse Eyre by hanging a bag of clindamycin. She does not recall seeing any other medications and did not testify that she had reviewed any medications orders or anything of that nature. Based upon his sworn testimony that he would withdraw his criticisms if Ms. White testified that she was just helping to push the bed and did not know what medications were ordered, he should do so. Therefore, the testimony of Dr. Kenny is not an issue.

KAYLA SPICER, M.D.

Kayla Spicer, M.D., testified that the nurses in OB should have given the gentamicin or communicated with the nurses in the SICU that they had not done so. In her deposition, when she learned that the medication was not ordered stat and was asked if she was still critical of the OB nurses for not giving it before the patient was transported out to the ICU, her answer was:

Answer: “if it’s not written "stat," it usually goes to the next given time. It’s every 8-hour medication that’s – if they don’t write it "now," usually it goes to the next, the next time that would be on schedule. That’s pretty much how things work with antibiotics."

She went on to say that if Wendy White had been found to have given the gentamicin before the patient left the obstetrical unit she would have no further criticism of her. Dr. Spicer had no specific criticisms of Wendy White beyond not giving the gentamicin and she admitted herself that if the gentan1icin was not ordered "stat," it would have been given at the next scheduled dose, in her opinion. The medical records indicate that the medications were not ordered stat (Exhibit E, Deposition of Kayla Spicer, M.D., pp 56-59)

LEO JAMISON, M.D.

Leo Jamison, M.D., was asked if he considered himself to be a nurse and he said, "I don’t." When asked if he considered himself to be an expert in nursing, Plaintiff s counsel objected and he responded, "that’s overbroad. I have testified multiple times and my testimony has been admitted to court multiple times with regard to specific aspects of nursing care particularly in an intensive care unit regarding the management of critical patients and critically ill patients.” He was then asked,

Question: "And do you have any criticism of Wendy White?"

Answer: "No." (Exhibit F, Deposition of Leo Jamison, M.D., p. 110)

Dr. Jamison is aware that although he has testified about nursing issues with intensive care management of critically ill patients, he is not a nurse. He clearly has no criticisms of Wendy White.

ROBERT GIBSON, M.D.

Dr. Gibson is an obstetrician with a sub-specialty in Maternal/Fetal Medicine. He offered no criticisms of Ms. White during his deposition until Plaintiff’s Counsel cross examined him. Mr. Gaston asked if it was Ms. White’s obligation when she gave the clindamycin to note that gentamicin was also ordered and then communicated to the ICU nurse that gentamicin had not been given. He responded in the affirmative, but he also agreed that Ms. Eyre, the nurse assigned to the patient looked at the order and had the obligation to check to see where the gentamicin was and what had happened to it. When he was taken through the scenario that occurred-Ms. White coming to hang the clindamycin and returning to transport the patient, he stated a vague criticism of "anyone that doesn’t let the SICU know that the gentamicin had not been given." (Exhibit G, Deposition of Dr. Gibson, p. 123) He conceded that Ms. Eyre was the "main nurse" and the one who checked the order before she reported to the ICU. When asked, if it was

more likely than not that she reported that information to the ICU. His response was "You would think." Although he did not remove Ms. White’s name from the group of people who did not let the ICU know that the gentamicin had not been given, he did not single Ms. White out as the primary person obligated to do so. It was clear that Dr. Gibson believed that the failure to administer the pm dose of gentamicin by nurses, along with the failure of the physicians to order appropriate fluid boluses were the reason that the patient did not survive. There was no testimony that White’s actions alone were a proximate cause of the patient’s death or injury.

Dr. Gibson admits that he has not ever been a nurse. He also testified that he did not consider himself to be one. (Exhibit H, deposition of Dr. Gibson, p. 116)

None of the Plaintiff’s physicians are qualified to give standard of care testimony regarding nursing. Many of the doctors have no criticism of Ms. White and the ones that do have only presumed that Ms. White had a duty, not being the primary nurse, to administer the gentamicin or contact pharmacy or report to the SICU.

PLAINTIFF’S EXPERT, JEN GILLIAN, R.N., HAS NOT ASSERTED A PRIMA FACIE CASE OF NEGLIGENCE AGAINST WENDY WILLIAMS.
JEN GILLIAN

Plaintiff offered the testimony of Jen Gillian, R.N., as his only nursing expert. Ms. Gillian offered criticisms of policies and procedures of the obstetrical unit, but when asked about criticisms of nurse White, her criticism was that Ms. Whites had an obligation to find out where gentamicin was at the time clindamycin was administered to Dr. Doe because, "She was the nurse taking care of the patient. She certainly had the obligation in transferring the patient to – she hasn’t received gentamicin, I need to make sure I locate it, whatever." This testimony again came after questioning by Mr. Gaston and not as part of the opinions rendered in the case under direct testimony. Upon re-examination, when reminded that Ms. White was not the primary nurse and had only come to hang a bag of medication, her response was:

Answer: "Well, you know, you’ve got the one who took the order off the computer so I think it was just a – somebody had to be responsible. It just wasn’t done. But, no, she gave the medication."

Question: “Ok. Then you’re not critical of nurse White for coming to help, like we talked about earlier, to hang the bag of fluid for someone?" Answer: "No."

Question: "Ok. And, you are not holding her to the standard of care she would be held to if she was the primary nurse in this case as to finding out where the medications were and what was going on with the patient, are you?"

Answer: "I am imagining in my mind that communication was, ‘Listen, we got the antibiotics.’ That is she knew about the clindamycin, I’m just assuming that she knew about the gentamicin that she also knew that the gentamicin had to be given, because she put it in the computer. She would have seen it. So, since she gave the clindamycin she should have known about the gentamicin and at least asked about it. (Emphasis added) Somebody – – I guess the thing is, Becky, we don’t really know who didn’t do what they were supposed to do." Later in the same deposition, she was asked whose primary responsibility was it?

Answer: "Based on what you’re telling me about the nurses, she knew that she had antibiotics ordered. So if you have knowledge that they’ve been ordered, the primary responsibility would be the person who took the order off the computer. And then it trickles down. And I don’t believe that the person who took the order off the computer was really the person doing the work with this patient."

Question: "Is it typically the primary nurse’s responsibility to locate the medication and see that they’re given timely?"

Mr. Gaston: “Objection to was typical."

Mr. Samuels: “In your experience."

Answer: "I know what you’re asking. In my experience, if that’s my patient that’s assigned to me, then yes, I’m usually the one – but however, I work on a big med surg floor where we have a med nurse. But they do tablets and things like that and what they do isn’t really why I’m here." (Exhibit I, Deposition of Ms. Gillian, pp 161-163) It is clear that Ms. Gillian does not have any substantial criticism of nurse White if she was not the primary nurse, which she has testified she was not. Ms. Gillian has admitted that the primary nurse (the one to whom the patient is assigned) has the responsibility. Amanda Eyre was the primary nurse in this case

CONCLUSION
In summary, the Court has stated its intention that only persons qualified in nursing, such as a nurse, will be permitted to testify regarding the care or deviation therefrom by the nurses in this case. None of the physicians had a clear criticism of Wendy White that withstood cross-examination. Therefore, the physician experts named by Plaintiff should not be permitted to testify against Wendy White or Barb Blue. Jen Gillian, R.N. has not offered sufficient testimony regarding the negligence of Wendy White who was not a primary care nurse in this case. Therefore, Wendy White is entitled to summary judgment which should be granted. Wherefore, this Defendant requests that she be granted summary judgment as a matter of law.

Respectfully submitted,
Wendy White

By: /s/ Sam Samuels
Counsel

Sam Samuels, Esq.
SAMUEL & ASSOC., PLLC
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Yesterday marked a day of victory. We saw a glimmer of seeing a light at the end of the tunnel against the evil forces. The ludicrous notion of the impeaching of a private citizen for a crime devised by those forces was defied! After a year of brutal molestation of our human rights the light will soon be clearer for all to see. The impenetrable wall of deception of the media machine will soon face an inevitable wrecking ball. Pretty soon the intent for the engineered plague funded by these evil forces and their prohibition of the several cures of this plague, that has a 99.98% recovery rate, will be exposed as well. It is in their hands that the blood of those who died are on. The psychological warfare face shackles we’ve all been coerced to wear will be unmasked of its intent: it served as a gauge for who is obedient in compliance and as a beta test for partial facial recognition while being socially distant. Also to wipe out our elderly for population control in a global order. The election tomfoolery and its designers who colluded with foreign entities is just a tip of the iceberg of what will be revealed. The Pentagon, who will not even allow the Corporate President into their building, will not allow him the use of Air Force One either. There is a reason for that. The military is the true executive representation right now. Everything you see in the almighty media is a charade. This charade is an attempt to keep the blinded sightless until the evil forces devise a Plan B. Which they won’t! Tick Tock. Conspiracy Theory anyone? Anyone? You’ll find out soon in the next few weeks.

“For there is nothing hidden that will not be disclosed, and nothing concealed that will not be known or brought out into the open.”
-Luke 8:17

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Couplers: When working with a variety of attachments, couplers allow you to switch between work tools quickly without needing a crew. Couplers can help maximize the versatility of your excavator and boost your team’s productivity.

By adding work tool attachments to your excavator, you can tackle a wide variety of tasks with a single machine.

Excavator Size Classes
Excavators come in a variety of sizes to suit every project, from backyard landscaping to large-scale commercial construction. Understanding the benefits and challenges of different sizes of excavators can help you make an informed decision about the right size excavator for your job. There are three primary excavator size classes, according to the weight of the machine.

1. Mini Excavators
Mini excavators are any excavators that weigh less than seven metric tons. These small excavators are sometimes called compact excavators, and are perfect for tight job sites. Mini excavators can maneuver in small spaces for landscaping tasks such as digging holes for trees or trenches for pipes. Mini excavators often have zero or near-zero tail swing, so operators can use them comfortably around buildings and other structures. For job sites with many pipes or gas lines underground, mini excavators offer greater precision than larger digging equipment.

Another benefit of mini excavators is that they are easy to transport on a truck or trailer and require less fuel than larger excavators. Because they are lighter, mini excavators can operate on soft terrain without tearing up the ground, or on finished sites without damaging the sidewalks or pavement. However, mini excavators are not as powerful as larger excavators and may not be able to provide the necessary dig depth or lift capacity for every job.

Browse Our Mini Excavators
2. Standard Excavators
Standard-sized excavators weigh between seven and 45 metric tons. These versatile excavators are the most common size for commercial construction projects, and offer enough power and hauling capacity to handle a variety of tough jobs. Many hydraulic standard excavators can also support a variety of work tools, so contractors can customize their excavator to suit their project needs.

Standard excavators are still easy to maneuver and can significantly increase productivity on a job site. However, these more massive excavators may cause damage to finished sites or soft soil. Depending on their size, reach and tail swing, a standard excavator may also be challenging to operate in tighter spaces. Conventional excavators that fall on the heavier end of this excavator weight class could also pose transportation and storage challenges.

You may sometimes see standard excavators broken into two excavator weight classes — small and medium excavators. Small excavators are those at the bottom of this size class that weigh between 7 and 10 tons. The small size and low tail swing of midi excavators mean they are useful for many of the same tasks as mini excavators, but offer more power, reach and dig depth.

3. Large Excavators
These hefty excavators weigh more than 45 metric tons and are suited for heavy-duty jobs. Large excavators provide serious power for major commercial construction projects or large-scale demolition. Large excavators can be valuable for digging foundations for shopping centers or apartment complexes, or moving large volumes of soil for civil engineering tasks. Although transportation and storage of large excavators can be challenging, a large excavator may be worth the investment if you need to tackle serious excavation projects with ease.

What Size Excavator Do I Need?
With so many excavator types and sizes available, choosing the right excavator for your project requires some careful consideration. The right excavator will provide the power and strength you need to get the job done efficiently while offering the lowest possible operating cost. When you take time to choose the right size excavator, you can increase your productivity and boost your company’s profitability.

If you are renting an excavator for a single project, evaluate the requirements for that project and work site when choosing your excavator. If you are purchasing an excavator for long-term use, consider the types of projects your company typically takes on. Choose an excavator that will meet your common job requirements and perform well on the sites where you most often work. To make the most of your investment, look for an excavator that can also keep up with your company’s growth in the future.

Consider these factors when determining what size excavator you need.

1. Work Site Layout
First, consider the size and layout of your job site. Will you be working on a small site with tight spaces and obstacles to navigate, or enjoying a wide-open plot of land with no interferences?

If you are working in a small space or on a site with many hazards, a compact mini excavator may be the right choice. A smaller excavator may also be a smart choice if your job site has a lot of underground obstacles, such as pipes and gas lines. Mini and small excavators will have smaller buckets, as well as more precise controls to safely avoid underground hazards while excavating efficiently.

If your job site has more space to maneuver, you may be able to use a standard or large excavator comfortably. However, remember to account for future hazards that may appear as your construction project progresses.

The tail swing of an excavator also impacts how easily it can navigate in tight spaces. Larger excavators typically have a larger tail swing, as they require more counterweight to remain balanced. This rear extension can pose problems when working near walls or buildings and can also harm workers if not operated safely.

Many mini and small excavators offer zero or near-zero tail swing, which means they can rotate safely without damaging surrounding trees or structures. Excavators with zero tail swing are popular for urban or residential work sites. However, to provide stability while turning, excavators with zero tail swing typically have a larger footprint and tracks that are wider apart.

2. Work Site Terrain
Different types of excavators work better on various terrains. Tracked excavators offer excellent traction and stability on hilly and soft ground, while wheeled excavators work best on hard and flat surfaces. However, the weight of an excavator also impacts how well it performs on specific terrain.

Large and standard excavators can exert a lot of pressure and tear up a job site if the ground is weak. For some jobs, this may not be an issue if the earth will get leveled at a later stage of the construction project. However, when working on a finished site, such as a backyard or other residential space, it requires greater care to prevent damage to the terrain. Mini excavators are safe to use on finished sites without harming the ground.

When considering the weight of an excavator, account for the maximum operating weight, rather than how much the machine weighs alone. The operating weight will include the weight of both the excavator operator and the load the machine will be hauling.

3. Project Requirements
After accounting for your work site conditions, consider the typical tasks your excavator will need to perform. The right size excavator for your company will be able to handle your digging, lifting and hauling needs with ease and efficiency. If purchasing an excavator for long-term use, look at the requirements of past projects to get a sense of your future needs. Account for any potential growth, and choose an excavator that will suit your company’s needs for years to come.

Here are a few project requirements to look at when choosing the right excavator size.

Dig depth: Consider the maximum digging depth your projects require for laying pipes, planting trees or digging trenches. Make sure your excavator can achieve this dig depth, or whether you can upgrade it with a longer boom to reach the depths you need.
Reach: The boom reach of an excavator determines how far away your excavator can dig while remaining stationary. A longer reach can slow the excavation cycle time, but may be desirable for projects where accessibility is a challenge. You can also upgrade some excavators with longer booms to extend their reach if needed in the future.
Lift height: If your projects require loading materials onto structures or into massive trucks, choose an excavator with sufficient lift height.
Load capacity: Excavator load capacities can range from a fraction of a cubic yard for mini excavators to several cubic yards of material for larger excavators. An excavator’s load capacity determines how much material you can move in one cycle, which impacts your operating speeds. Look for an excavator with a large enough bucket capacity for your digging needs.
Load weight: In addition to material volume, consider how much weight your excavator will need to lift. If you often excavate heavy or dense materials, make sure your excavator can withstand the load weight necessary to meet your project’s demands.
The right size excavator will be able to meet all your project requirements while safely maneuvering around your job site. If an excavator cannot match your job needs, consider upgrading it with a new boom or bucket to extend its capabilities.

4. Transportation and Storage
Another important consideration when choosing between the different sizes of excavators is the transportation and storage requirements of each size.

Transportation of large and standard excavators can be expensive, as it requires special permits and equipment. If you plan to transport your excavators on your own, make sure you have the vehicles and trailers to do the job, as well as drivers with the required licenses for moving heavy equipment. You may also choose to work with an equipment transportation company to reduce the transportation costs of carrying your large excavators. Standard-sized trailers can move mini excavators, but you may still require special permits or licenses, depending on your state.

If you plan to purchase an excavator for long-term use, make sure you have the appropriate storage facilities for the size of excavator you choose. You can also rent a storage space during the offseason to cut expenses. For infrequent use, renting an excavator instead of buying may help you save money on storage and transportation costs.

Cat® Excavator Sizes Available
As the leading manufacturer of heavy equipment for construction and mining, Caterpillar® offers a wide variety of excavator sizes and types for any application. Cat mini excavators are available in several different models and are perfect for landscaping, urban and residential construction and small building projects. Cat mini excavators offer power and durability in a compact machine that is easy to control precisely. Choose between standard, zero and near-zero tail swing options to suit your work site and project needs.

Cat standard excavators supply the power you need to tackle a variety of tough jobs, from trenching to materials handling. Designed for speed and efficiency, Cat standard excavators can maximize your productivity and reduce your operating costs. Our durable excavators also require less maintenance and reduced fuel consumption.

Cat next-generation excavators take this exceptional performance to the next level, offering even better efficiency and productivity than ever before. Available in 20-ton and 30-ton models, Cat next-generation excavators can increase efficiency by as much as 45 percent, while lowering fuel consumption up to 25 percent and reducing maintenance expenses by up to 20 percent. Our next-generation excavators can help you meet your production goals, slash your operating costs and tackle any tough job that comes your way.

For the most challenging jobs, Caterpillar offers several heavy-duty large excavators for construction, mining, farming and more. These industrial workhorses offer serious digging and lifting capabilities to make short work of any excavation project. Despite their massive size, Cat large excavators still provide the excellent fuel efficiency and performance Caterpillar is known for.

Shop Excavators From Gregory Poole Equipment Company
If you are looking for a reliable, efficient and powerful excavator, look no further than Gregory Poole. We offer a wide variety of mini, standard and large Cat excavators to meet and exceed your project requirements. With both new and used Cat excavators for sale, you can find an excavator that fits both your needs and your budget. Because Cat builds durable, built-to-last equipment, many of our used excavators offer the same excellent performance and durability you can expect from our new machines.

For even more flexibility, consider renting an excavator from Gregory Poole. When you rent a Cat excavator, you can enjoy improved performance and efficiency at a fraction of the cost. With short- and long-term rental options available, you can rent an excavator for a single project or an entire season. For more information about new, used or rental excavators from Gregory Poole Equipment Company, contact us today.

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This 34-year-old’s start-up backed by Bill Gates and Jeff Bezos aims to make nearly unlimited clean energy
Published Fri, Feb 12 2021 10:13 AM EST
Updated Fri, Feb 12 2021 8:21 PM EST
Catherine Clifford
@CATCLIFFORD
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Brandon Sorbom, chief scientific officer at Commonwealth Fusion Systems
Photo courtesy Commonwealth Fusion Systems
After Brandon Sorbom graduated from Loyola Marymount University in Los Angeles in 2010, he decided to take the "couple of thousand dollars" he had saved and his credit card (he had 0% interest for a year) and fly to Boston.

Sorbom wanted to get his Ph.D. in nuclear fusion but had been rejected from all five programs he applied to, including the Massachusetts Institute of Technology. MIT had told Sorbom, who studied electrical engineering and engineering physics in undergrad, that he didn’t have enough hands-on lab experience.

So Sorbom headed there to try to get a job at the school’s fusion energy lab.

It was "probably a really stupid strategy looking back," Sorbom says. "But I was 22 and I was like, ‘Oh sure, I’ll be able to make this work.’"

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Brandon Sorbom in 2010 as an undergrad at Loyola Marymount University with the fusor he constructed as an undergrad..
Photo courtesy Brandon Sorbom
Sorbom did make it work: He got the job, and 12 years later, Sorbom has his doctorate from MIT and is co-founder and chief scientific officer of Commonwealth Fusion Systems, a rapidly growing company spun out of Sorbom and his co-founders’ research. CFS aims to commercialize, fusion, a safe and virtually limitless source of "clean energy," to combat climate change. The company is funded by the likes of Jeff Bezos and Bill Gates by way of energy innovation investment fund Breakthrough Energy.

Why fusion?
At the heart of Commonwealth Fusion Systems is nuclear fusion. It is the process by which two atoms slam into each other and fuse into one heavier atom, generating energy. It’s what powers the sun.

Fusion has many upsides: First, it’s clean. (Most energy used around the world is generated by burning carbon-based materials that release gasses into the atmosphere, warming the planet.)

It is also a virtually unlimited resource. Other clean energies are fundamentally limited — wind energy depends on the wind blowing and solar energy depends on the sun shining, for example.

Plus, nuclear fusion is generally safe, so reactors can be located near populations centers or cities, which helps with infrastructure. (That’s unlike nuclear fission, or splitting an atom to generate energy, which is the same process used in an atom bomb. Fission generates dangerous radioactive waste, and some high-profile accidents have caused massive destruction, but nuclear fission power plants currently generate about 20% of the electricity used in the U.S.)

Then there’s fusion’s potential. Because an isotope of hydrogen is the main fuel of fusion, the right technology could one day make a glass of water, aka H2O, foster enough fusion reactions to generate the amount of energy consumed by one person for a lifetime, according to CFS.

"Fusion can provide both electricity generation and heat — meaning that it can meet all sorts of energy demand, including to: power homes, recharge batteries, create clean fuels, drive chemical processes, or other industrial uses," says Andrew Holland, executive director of the Fusion Industry Association.

It will "fit directly into existing grids, and not require significant upgrades," Holland says. Ideally, once scaled, fusion energy would eventually be comparable in cost to the current cost of electricity.

On the other hand, fusion has one big problem: With the present technology, fusion usurps all the energy it creates to sustain the reaction, leaving no "net energy" to power other things.

A 35-country collaboration in southern France is working to change that by building the largest fusion machine on the planet, called Iter (Latin for "the way"). It’s "the most expensive science experiment that humanity has ever tried, on the order of $20 billion," according to Egemen Kolemen, an assistant professor of mechanical and aerospace engineering at Princeton University.

But for Sorbom and the rest of the Commonwealth Fusion Systems team, Iter is too expensive and is taking too long to significantly affect the looming global warming crisis.

The CFS solution
Fusion will one day provide zero-emissions energy at large scale, says Holland. But getting there won’t be easy.

Creating and capturing the energy of the sun is delicate. A special form of hydrogen has to be heated until it gets to the fourth state of matter, plasma.

"If you heat a solid up, it turns into a liquid. If you heat that liquid up, it turns into a gas. If you heat that gas up, it turns into a plasma," he says, and "you get a charge soup of particles."

Plasma is an extremely fragile state of matter. If interrupted, the fusion reaction stops. So scientists developed a machine known by the Russian acronym tokamak, which uses magnetic fields to hold a doughnut of plasma safely in a container.

Research by Sorbom and his colleagues focuses on improving the tokamak, specifically by "making better and better magnets," Sorbom says.

Better and stronger magnets mean better insulation for the plasma, and the more efficiently the plasma can be heated up, the more energy that can be generated, eventually producing net energy. In the machines CFS is working on, temperatures will be around 100 million degrees Celsius, which is roughly 180 million degrees Fahrenheit.

Though CFS’ founders were initially funded by MIT and the U.S. Department of Energy, Sorbom and his colleagues eventually turned to capitalism, launching Commonwealth Fusion Systems in June 2018.

So far, Commonwealth Fusion Systems has raised more than $215 million, with its most recent funding round announced in May. Breakthrough Energy Ventures, a fund with investments from Gates, Bezos, Ray Dalio, Richard Branson, Jack Ma, Michael Bloomberg and others, has contributed to Commonwealth Fusion Systems, as has The Engine, a venture capital company associated with MIT. CFS says the current funding will take the company through 2021, but it will seek additional funding.

CFS will make money by designing and building nuclear fusion power plants for customers, which could begin to produce revenue this decade, according to CFS communications director Kristen Cullen.

Brandon Sorbom working at Commonwealth Fusion Systems
Photo courtesy Commonwealth Fusion Systems. Photo Credit: Douglas Levy
CFS says when fusion ultimately replaces other power sources, it will be competitive in one of the largest markets in the global economy.

CFS is also working on other commercial applications of its magnet technology, like in MRI machines or wind turbines.

For now, its next milestone is the debut of its magnet technology this summer, and then by 2025 developing a SPARC, a machine that would demonstrate that CFS technology can generate net energy.

From there, CFS would move on to develop ARC, its first fusion power plant connected to the power grid. CFS says it expects to be making fusion energy on the grid "in the early 2030s."

This is a rendering of the SPARC, a tokamak machine currently being designed by the team from the Massachusetts Institute of Technology and Commonwealth Fusion Systems, a which aims to create and confine a plasma which will create energy with fusion.
CFS/MIT-PSFC — CAD Rendering by T. Henderson
There is a lot that Sorbom and the CFS team have to accomplish before fusion is brought to market on any large scale. But industry watchers are optimistic. The Fusion Industry Association’s Holland hopes innovation in the next decade will make commercialization possible by the 2030s, a timeline that is "soon enough to matter for the climate crisis," he says.

And though government-backed projections for fusion commercialization are a bit longer term, UCLA physics professor Troy Carter thinks a shorter timeline is possible.

"With the private and public sectors working together, I think we can make this happen, but we need to start now, and more investment is needed," says Carter. He chaired a committee that published a report for the Energy Department outlining a strategic plan to build a pilot fusion plant by the 2040s.

Sorbom is also encouraged by the Biden administration’s focus on climate change, but he’s also realistic. "Climate change is a really big problem," Sorbom says. "People think the pandemic is bad, but if you look at projections of what [climate change] could look like by 2050 … it’s pretty scary."

Indeed, "fusion power is a solution to global warming," says Holland. "The challenge is getting it onto the grid fast enough."

See also:

Bill Gates: Climate change could be more devastating than Covid-19 pandemic—this is what the US must do to prepare

2020 just a ‘preview’ of how bad things can get if we don’t fix climate change: Lancet report

Bill Gates, Jeff Bezos, Eric Schmidt: How to protect the U.S. from climate change and future pandemics

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