Iconic American motorcycle maker Indian Motorcycle has initiated a voluntary recall involving 18,637 bikes over a potential fire hazard caused due to an issue with the ignition system. The recall involves Indian's range-topping motorcycles including the Chief Classic, Dark Horse, Chieftain, Roadmaster, and Chief Vintage, which were manufactured between April 15, 2013, to June 16, 2015. The new Indian Springfield as well as entry-level Scout and Scout Sixty are not part of the recall.
From Out of the Abyss...
This week’s article from the past is titled Investigation of Wildland Fires and was written by George Berdan, Assistant Law Enforcement coordinator – California Division of Forestry. It is taken from June, July, August Vol. IX No. 1 issue of the CCAI newsletter.
Investigation of Wildland Fires
Subrogation professionals should be aware of a recent opinion in New York where computer fire modeling utilized by the defendant’s expert was held to be inadmissible. In Santos v. State Farm Fire & Casualty Co., No. 000790/07 (N.Y.Sup. Ct. Jun. 28, 2010), a trial court held that the defendant had not presented sufficient evidence that computer fire modeling was generally accepted as reliable in the fire investigation community.
In the Matter of THE COMPLAINT OF WILLIAM and MYO SHEARS, owners of the M/V SHEAR JOY, Washington Registration No. WN6268JC for Exoneration from or Limitation of Liability.
Case No. C14-1296RSM.
United States District Court, W.D. Washington, Seattle.
January 4, 2016.
ORDER GRANTING PETITIONERS' MOTION FOR SUMMARY JUDGMENT.
RICARDO S. MARTINEZ, District Judge.
This admiralty matter comes before the Court on Petitioners' Motion for Summary Judgment. Dkt. #33. Petitioners seek an Order finding that the claimants cannot meet their burden of proving that either negligence or unseaworthiness of the SHEAR JOY caused their damages. Id. Claimants Falvey Yacht Insurance, LLC, and Shelter Bay Marina (hereinafter "claimants") respond that they have evidence demonstrating issues of material fact that preclude summary judgment in favor of the Petitioners. Dkt. #41. Having reviewed the record before it, and having determined that oral argument is not necessary, the Court now GRANTS Plaintiff's motion for the reasons set forth herein.
This paper addresses the issues with fire investigation and presents a hypothesis to standardize the analysis of fire patterns. The appropriate method of using fire patterns is to develop and implement into practice a decision support framework that will assist forensic fire invesgators in assessing the efficacy of fire burn patterns as reliable indicators of the area of fire origin. This will be facilitated by the evaluation of visible and measurable fire patterns in the context of the fire environment wherein the pattern was developed. Ultimately, the framework will incorporate easy to apply tools, including checklist type forms for use on scene, supported by a software-based system that can be run in the laboratory or office to help investigators connect key observational and measured data to increase the reliability of pattern interpretation.
ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND TO PRECLUDE EXPERT TESTIMONY
THOMAS O. RICE, District Judge.
BEFORE THE COURT is Defendant's Motion for Summary Judgment and to Preclude the Testimony of Plaintiff's Expert Witnesses (ECF No. 27). The motion was heard with oral argument on September 28, 2015. James Jason Marquoit appeared on behalf of Plaintiff State Farm Fire & Casualty Co. ("State Farm"). Christopher G. Betke and William F. Etter appeared on behalf of Defendant Hewlett-Packard Company ("Hewlett-Packard").
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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.
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