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Subrogation & Recovery Law Blog Posted on March 15, 2016 by Michael Melusky--Cozen and O'Connor 

In a recent decision, the Court of Special Appeals of Maryland considered an issue of first impression regarding the doctrine of spoliation. Maryland appellate courts had “not established how to apply the spoliation doctrine in the context of a situation” “where the physical object . . . that was destroyed [was] itself the subject of the case.” Cumberland Ins. Grp. v. Delmarva Power, No. 72, 2016 Md. App. LEXIS 12, at *10 (Md. Ct. Spec. App. Feb. 1, 2016). The court held that “it is appropriate to balance the degree of fault . . . on the part of the spoliator, on the one hand, with the level of prejudice that injures to the defense because the evidence has been destroyed on the other.” Id. at 11. The court explained that if this balance favors imposing a sanction, “the question then becomes what remedy is appropriate and whether a remedy less drastic then dismissal can cure the prejudice to the defendant.” Id.

 

CCAI was recently contacted by CBS (San Francisco) News Investigative Reporter, Julie Watts, regarding fire retardant chemicals in child car seats, and was looking for footage of burning vehicles. We were happy to help.

SAN FRANCISCO (KPIX 5) — Car seats are the only consumer product that parents are legally required to purchase in every state, though they are also commonly used outside of the car as strollers seats, swing inserts and as a place for babies to sleep inside the home.

A recent KPIX investigation repeatedly uncovered concerning, even cancer-causing, chemicals in a majority of the car seats tested. Then, using biomonitoring, we linked high levels of cancer-causing flame retardants in a child’s body to the flame retardants in her car seat.

The alleged culprit: the National Highway Traffic Safety Administration’s (NHTSA) 44-year old Federal Motor Vehicle Flammability Standard, FMVSS No. 302.

Click here for the video

Click on the link to see the full investigation.

Toxic Safety: Investigating Car Seat Chemicals

From Out of the Abyss

This weeks article is written by Dr. Ruth Alexander.  It is from the May 1956 VOL II No.4 issue ofthe California Conference of Arson Investigators' newsletter.

Our America: Treatment "Coddles" Juvenile Delinquents 

 

Description

This recall involves clear acrylic Hanukkah menorahs in a pyramid design that are 10.5 inches long, 1.2 inches wide and 2.3 inches high. Model number 240-14-0169 and bar code can be found on a round white label on the side of the menorah.

Get all the details at CPSC.

article found at KXAN.com -Leslie Rhode/KXAN News Special Contributor photo by Rimkus Consulting Group, Inc.


AUSTIN (KXAN) — When you have three small boys running around your house, you also have a slew of electronic toys and gadgets that come along with it. To make sure she was always prepared for long road trips and car pools, Jennifer Buaas kept extra AA and AAA batteries in her vehicle, just in case one of her boys needed to power one of their toys. 

 Early Halloween morning, Jennifer heard a car horn going off in her driveway.

“My husband grabbed the keys, went to the garage, opened the garage door and the Suburban was completely on fire,” said Jennifer.

Read more...

 

Description

This recall involves Bosch 1380 Slim small, 4.5-inch angle grinders with date codes 502 through 511. The model number and date codes are located on the name plate affixed to the underside of the grinder. The grinders are blue and silver with a black label and black and red control buttons. “BOSCH” is printed in red on the side of the product.

See full details at CPSC.

Governor Brown Directs State Agencies to Revise Flammability Standards

SACRAMENTO – in an effort to protect public safety by reducing the use of toxic flame retardants, Governor Edmund G. Brown Jr. today advised state agencies to revise flammability standards for upholstered furniture sold in the state.

Governor Brown has asked the Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation to review the state’s four-decade-old flammability standards and recommend changes to reduce toxic flame retardants while continuing to ensure fire safety.

“Toxic flame retardants are found in everything from high chairs to couches and a growing body of evidence suggests that these chemicals harm human health and the environment,” said Governor Brown. “We must find better ways to meet fire safety standards by reducing and eliminating—wherever possible—dangerous chemicals.”
Studies show that humans are at risk from exposure to toxic chemicals used as flame retardants in upholstered furniture. A 2008 study by the Environmental Working Group found that toddlers often have three times the level of flame retardant chemicals in their bodies as their parents, and California children have some of the highest levels of toxic flame retardants in their bodies.

A peer-reviewed study by scientists at Cal/EPA found that California women have much higher levels of toxic flame retardants in their breast tissue than women in other states and countries. Researchers from the University of California, Berkeley found statistically significant associations between flame retardant levels in the blood of California women and reduced fertility. The researchers believe this link may result from alterations in thyroid hormone levels after exposure to the chemicals.

Numerous studies demonstrate that firefighters have significantly elevated rates of cancer, including non-Hodgkin’s lymphoma and brain cancer. A study published in the Journal of Occupational and Environmental Medicine concluded that firefighters have a significantly elevated risk of cancer that may be attributed to toxic chemicals they inhale, including flame retardants.

The guidelines in place now—Technical Bulletin 117 for flammability standards—will be updated to reflect modern manufacturing methods that can lower the use of harmful chemicals.

The process to change these regulations will include workshops and the opportunity for public comment as well as administrative review.


Governor Jerry Brown
State Capitol Building
Sacramento, CA 95814

Press Release - Contra Costa County FPD

Contra Costa County Fire Protection District

Press Release

Subject: Walnut Creek Man Arrested for Arson
Release Date:April 10th 2012
Contact:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
925-941-3541 Office
925-383-5034 Cell
Vic Massenkoff, Fire Investigator

Late on Friday April 6th, 62 year old Walnut Creek resident Brent Robert Kastroff waskastroff
arrested by Contra Costa County Fire District Investigators and the Walnut Creek Police Department at his home in the community of Rossmoor.

In January of this year, Fire Investigators received information about a small fire that occurred on private property on Vista Del Valle in Lafayette. The property is a large parcel that contains 3 homes, but the majority of the 90 acres is grass covered land that even when maintained can still pose a wildfire threat to nearby homes and residents due to it’s size and topography. The investigation lead to the discovery of a previously unreported fire in May of 2011 in the same area; however there were no leads in either incident.

Read more..

Press Release

Contra Costa County Fire Protection District
Press Release

Subject:        Serial Arsonist Arrest
 Pittsburg, Antioch, and Bay Point areas
Release Date:  December 21, 2011

Contra Costa County Fire Protection District Fire Investigators, assisted by the Pittsburg Police Department, arrested arson suspect, Thomas Hartman, 53 years old, from Pittsburg late Thursday afternoon December 15, 2011 after a Superior Court Judge issued a warrant for his arrest.

Read more.. 

Investigation Nabs Suspects in Car Fire That Seriously Injured LAFD Captain

The Los Angeles Fire Department is pleased to announce the arrest of Maria Porras, 35 and Rigoberto Diaz, 37 both of Los Angeles, in conjunction with an auto-insurance fraud scheme involving an auto fire which occurred near Elysian Park in January 2011.

Read more..

Citronella Candle Hazard

Members and Friends

As you all are aware, we at CCAI want you to be informed. Therefore, I will relate to you an incident that happened in Irvine, CA.

A young school teacher was living in an upscale three story apartment complex on the second floor. The apartment had one bathroom, one bedroom, a living room, and a kitchen area off the living room. The ceiling above the kitchen was at 7 feet while the rest of the apartment was standard height of 8 feet. The apartment has fire sprinklers and one sprinkler is located above the kitchen counter and would reflect water onto the range and counter top if activated.

For some reason the school teacher was burning a Citronella candle on the counter top adjacent to the sink. The candle she purchased was in a small metal bucket with a hoop handle; the candle was not confined in glass. The teacher was washing dishes in the sink when her cat jumped onto the counter top and knocked over the bucket containing the candle. She reacted and reached for the toppled candle with both hands. In one hand she had a glass that she was washing, which contained an amount of water. Some of the water went into the bucket with the candle. A flame came out of the bucket and caused the sprinkler to activate. The water from the sprinkler also got into the bucket and there was an explosion. This entire event happened in a matter of seconds. 

The thought of a candle exploding was a mystery to me and investigator partner, Harry Hatch. We checked several stores trying to purchase the same type of candle the school teacher had described, but no luck. We wanted to see just what the candle would do and also prove or disprove the event.

After looking up Citronella candle fires on the net, we were very surprised to learn that yes, if you add water to a burning Citronella candle it will flare up and sometimes cause an explosion. We all learn something all the time. Be informed and go to yahoo, type in Citronella candle fires and have a look at the videos; you may be as surprised as we were.

Do not be afraid to write us with your hints or new investigation experiences. CCAI is in the business to keep you up to date and informed.

Be Careful Out There
Brad Hamil
Past President
2010

More Articles...

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