Sports Facilities Expert Witnesses: 5

David Harlowe is the Founder and President of The Sport Management Group, Inc. (SMG), a nationally recognized Risk Management Expert with 28 years of dedicated service in the Athletic, Fitness, and Recreation Industries. He is an accomplished professional known for conducting safety audits, risk assessments, and developing strategies for numerous organizations, including the Atlantic Coast Conference. 

David has personally performed over 3,500 safety audits on athletic and fitness facilities and has performed over 14,000 risk assessments nationwide. With a vast range of expertise and a commitment to safety, he has made a significant impact in the field of risk management. 

Litigation Support - David has been retained as an expert witness in over 40 cases nationwide. His services are available to attorneys for plaintiff and defense and is well-acquainted with the American College of Sports Medicine (ACSM) guidelines.

Areas of Expertise:

Career Highlights:

• Manages over 500 independent field inspectors around the country
• Authored various safety manuals and training programs designed for athletic directors, health club owners and managers
• Created and currently maintains a website, https://facilityriskservices.com, a 24-hour resource for facility owners and staff members
• Developed risk management websites specifically for the athletic, fitness and recreation industries
• Conducts risk management lectures at local universities and colleges
• Developed an E-Learning Program specific to the athletic and fitness industries
• Authored “Fitness Center Safety” chapter in Risk Management in Sports, Second Edition, edited by Herb Appenzeller.

Douglas Baumgarten, M.S., offers consulting and expert witness services related to Fitness, Health Clubs, Exercise Equipment, Personal Training and Sports. Mr. Baumgarten is a graduate of Harvard University and California University of Penna. (M.S. Exercise Science). He is a certified Health/Fitness Director (Amer. Coll. of Sports Medicine), Performance Enhancement Specialist, Medical Exercise Specialist, Bike Fitter, cycling coach, and baseball/softball official.  He is a former Adjunct Professor of Health and Fitness Management at Marymount University.

Mr. Baumgarten has over 40 years in the fitness industry, as personal trainer, manager, consultant, equipment dealer, President of a large fitness company, and owner of SportFit Consulting. He has contributed to Fitness Management magazine, Boardroom magazine, Club Management magazine, and other publications.  

Litigation Support -  Mr. Baumgarten has over 18 years of experience as a legal expert, on cases from equipment accidents to health club employee conduct. He works with both plaintiffs and defendants, and has testified in federal, state, civil and criminal courts.  Douglas Baumgarten has the experience and expertise to assist in cases involving:

View Douglas Baumgarten's Consulting Profile.

R. Leslie Nichols, CPP, specializes in cases involving Sexual Abuse in schools, churches, camps, mentoring programs, sports organizations, and after-school programs.  He is the former National Vice President over child safety for Boys & Girls Clubs of America (National Headquarters) and oversaw the development of organizational policies and practices to protect 4 million youth at 4,000 sites in the U.S. and abroad. In 2016, Mr. Nichols began private practice as an expert witness and as direct consultant to schools and other youth-serving organizations.

Mr. Nichols has authored, co-authored, or contributed to numerous publications addressing various aspects of protecting children and has been interviewed, quoted and cited in various print and broadcast media.  He was a contributor to the Maryland Guidelines and Best Practices for the Design, Assessment and Modification of Physical Facilities and Spaces to Reduce Opportunities for Child Sexual Abuse (2020, SCANN) and the Recommened Guidelines and Best Practices: Background Screening in Youth-Serving Organizations, 3rd Ed. (2021, NCYS). He co-authored the textbook, Extreme Violence: Understanding & Protecting People from Active Assailants, Hate Crimes & Terrorist Attacks (2021, Cognella Academic).

Mr. Nichols is a member and past president of the National Coalition for the Prevention of Child Sexual Abuse and Exploitation, a board-certified security professional (CPP) with ASIS International and holdds a Master of Science in Security Administration.

Mr. Nichols has been retained or served as a fact witness in over 30 cases, involving sexual abuse and other harm within organizations.

Examples include:

• A contract school bus driver molests a student on the bus
• A school music instructor grooms and molests his teen student
• A organization’s screening process misses obvious red flags
• A college ministry fails to provide oversight to prevent an accidental death
• A disabled child is molested by another child while being transported on a bus
• A sports organization fails to audit its child protection program
• A church volunteer systematically grooms and molests young boy
• Two teens rape a female, special needs student between classes
• A child is injured on a roof during an afterschool program
• An organization fails to provide effective sex abuse prevention resources to its affiliate
• A young boy is molested by other boys at a church retreat

View Les Nichols' Consulting Profile.

Martyn C. Thake is an expert specializing in Motorsports, Motorsport Special Events, and Motorsport TV Production Set Safety. With more than 40 years of comprehensive experience, he has worked on more than 100 facilities around the world.

Litigation Support - As an experienced expert witness, Martyn has performed hundreds of operational reviews, track inspections, designs and redesigns for CART / Champcar, IMSA, ALMS, FIA, IRL and SCCA, as well as insurance companies and independent clients from around the world. He has advised and testified for both plaintiff and defendant in the areas of:

Background Experience - Encompassing all areas of: facility design, operation and management, racetrack design, construction management, event promotion, event management, operations and logistics management, sanctioning body track inspection, insurance inspection, risk management inspection, risk assessment, safety plan design and implementation, event management planning and implementation, race car design and manufacture, performance driving instruction and emergency service dispatch.

More than 100 different motorsports and entertainment facilities (including drag strips, dirt ovals, paved ovals, go-kart tracks, motor-cross tracks, permanent road courses, 30+ temporary street races, temporary events, and TV shows) around the world have benefited from his input on their operations procedures and facility/track design, redesign, and inspection. 

As an FIA track inspector, Martyn currently serve as the backup inspector for FIA-licensed tracks (Grade 2 or higher). He is an instructor for the SCCA’s Track Reviewer program and a motorsports submission reviewer for the NFPA.

Martyn was a founding board member of the Motorsports Safety Foundation. MSF is a non-profit organization dedicated to improving safety standards in all forms of motorsport. As Director of Circuit Development for CART and Champcar (2001-2006), he was responsible for the operational readiness of the racetrack and operational television production for all the tracks the series raced on. 

Laura Miele, PhD, CST-2, is a Sport, Fitness, and Education Expert with over 30 years of experience in various aspects of sport, fitness, and physical activity including the education, training, and supervision of athletes. Dr. Miele is a Nationally Certified Accredited Interscholastic Coach through the National Federation of State High School Association (NFHS) and has 14 years of physical education experience, (Pre-kindergarten-12) within multiple states across the country.  

Background Experience - Dr. Miele played Division I basketball at Arizona State; was Tight End for the Arizona Caliente, of the Women’s Professional Football League; and was also a New York Golden Gloves semi-finalist in 2004. She began coaching athletes in 1986 and has been involved as a personal exercise and fitness trainer since 1994.  She has traveled extensively throughout the United States and Europe as an athlete and coach and has been involved in consulting, coaching and teaching a wide range of sports including but not limited to; Basketball, Gymnastics, Volleyball, Softball, Baseball, Football, Archery, Bowling, Figure Skating, Hockey, Boxing, Wrestling, Field Sports, Golf, Soccer, Swimming, Track and Field, and Tennis. 

Dr. Miele is a level 2 Certified Service Technician for the International Association of Trampoline Parks. She serves on the Sports Equipment, Playing Surfaces, and Facilities Committee and currently serves and assists on the task force that is in the process of creating the standards for Amusement Challenge Areas. She has given numerous presentations on the topics of sport injury prevention as well as supervision and safety in Amusement Challenge Courses / Trampoline Parks Risk Management.

Litigation Support - Dr. Miele is an expert in fitness, sport and recreation with specific expertise in sports psychology, coaching, recreation, personal training, fitness facilities management/operations, and injury prevention. She is an accomplished athlete as well as an experienced trainer, coach and teacher. She provides expert witness services to attorneys for both plaintiff and defendant. Her services include thorough reporting, depositions, and trial testimony as needed. 

Dr. Miele has relevant experience in the proper teaching standards required by the National Association for Sport and Physical Education (NASPE) for the:

• Proper Supervision Before, During, and After School
• Skill Progression and Instruction
• Proper Use of Safety Equipment
• Practices related to the Role and Responsibilities of Teachers and Administrators  

Areas of Expertise:

• Fitness Facility Operations including Personal Training, Supervision, Risk Management, and Injury Prevention
• Physical Education, Sport and Recreation-Risk Management
• School / Teacher Supervision-Playground-Recess
• Proper Coaching Training Practices and Procedures in Sports
• Gymnastics, Trampoline Parks / Amusement Challenge Courses
• Emergency Preparation and Response in Schools, Fitness and Sport Facilities