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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.

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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.

 

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.

Abstract:

Although electrical fires constitute the greatest percentage of the main causes of building fires, the critical evidence used by fire investigators to identify electrical fires is not always convincing to the general public.  In this study, we scrutinized the microstructures of fire-causing copper wires and simulated the external environmental conditions required for the formation of fire-causing arc beads. Our metallographic investigation revealed that the primary thermal dendrites of copper at the fire-causing arc bead grew parallel to one another, but in the opposite direction to the heat flow.  We determined the relationships of the undercooling (?T0), the growth velocity (?), and the primary spacing (?) of the dendrites with respect to the electrical wire’s diameter.  Accordingly, fire investigators can now identify fire-causing arc beads in terms of these metallographic characteristics, thereby providing clear scientific evidence for litigant judgments of electrical fires.

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New Jersey Supreme Court Holds that a Person Violates the Insurance Fraud Statute Even if Insurer is Not Duped Into Paying a Fraudulent Claim by Michael Henry |  Cozen O'Connor

In the recent case of State of New Jersey v. Robert Goodwin, 224 N.J. 102, 129 A.3d 316 (N.J. 2016), the Supreme Court of New Jersey held that a person violates the insurance fraud statute, N.J.S.A. 2C:21-4.6(a), even if he or she does not succeed in duping an insurance carrier into paying a fraudulent claim. In doing so, the Supreme Court reinstated Robert Goodwin’s conviction for insurance fraud.

 

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

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