In February, we published a Post about a Florida decision that aligned that state with the clear majority of American courts that have held that the destruction of property by an intentionally set fire is encompassed within the terms “vandalism and malicious mischief.” Last Friday, in Hung Van Ong v. Fire Ins. Exch., 2015 WL 1524464, 2015 Cal. App. LEXIS 290 (Cal.Ct.App., Apr. 3, 2015), two of the three justices on a California intermediate level appellate court panel rejected that approach, reversing a grant of summary judgment in favor of the insurer in a case in which a vacant dwelling had been damaged when a transient set a fire on the kitchen floor to warm himself because they concluded that there was no evidence of “actual ill-will or intent to injure.” In a considerably more convincing opinion, the third member of the panel dissented and argued that the trial court should have been affirmed.
This recall involves four styles of “Cheeky” six-ounce ceramic teacups. The cups have floral motifs with gold painted accents and have four “cheeky” phrases, such as “booze” and “more whiskey please,” painted on the inside or outside rim of the cup. “Dishwasher Safe,” “Microwave Safe” and “Made in China” are printed on the bottom of the cup.
See full article at CPSC
The trimmers are used in residential and professional applications for cutting grass and light brush. The cutting attachments include a trimmer head and metal blade. The trimmers are about 72 inches long and up to 28 inches wide. They are red and gray with either a bike or loop handle configuration. Three models are recalled in two engine sizes measured in cubic centimeters. They are 36cc models 8371 S and 8371 T, and a 40.2cc model 8421 T engine displacement. The brand “efco” and model number are printed on the front of the engine and the brand name also appears on the wand.
In the new issue of NFPA Journal®, President Jim Shannon said the Association will focus on the leading causes of home fires, including cooking. "We also need to continue to push hard for home fire sprinklers. That's still a large priority for NFPA, and we plan to work very aggressively in 2014 on our residential sprinkler initiative," he said.
UNDER ADVISEMENT RULING
The Court has had under advisement Plaintiff Barbara A. Sloan’s (“Sloan”) Rule 60 Motion. Having read and considered the briefing and having heard oral argument, the Court issues the following ruling.
This recall involves four types of DD branded single-wick candles: Mason jars in 5- and 12- ounce sizes, decorative jars in 10- and 20-ounce sizes, 13-ounce coffee tins and 13-ounce jars with a holiday theme. The candles were sold in a variety of fragrances and colors.
The 5-ounce Mason jars are 2.25 inches wide by 3.75 inches high. The 12-ounce Mason jars are 3 inches wide by 5 inches high. The jars have gray metal lids. The DD logo and the word Handcrafted are in raised letters on the front of the jars. The candle fragrance and size are printed on a hang tang attached to the mouth of the jars.
The 10-ounce decorative jars are 4 inches wide by 3 inches high. The 20-ounce decorative jars are 5 inches wide by 4 inches high and hold a candle. The jars have gray metal lids with the DD logo in raised letters on the top. The candle fragrance and size are printed on a rectangular label on the front of the jar.
The 13-ounce coffee tins are 3.5 inches wide by 4 inches high and have a silver metal lid. The candle size and fragrance are printed on a label that wraps around the outside of the tin.
The 13-ounce holiday candle jars are 3.75 inches wide by 4 inches high and have silver metal lids with the DD logo in raised letters on the top. The DD logo inside a floral wreath, the fragrance and size are printed directly onto the front of the jar in silver.
See the full details at CPSC
The following article was submitted by Randy Martin, CCAI Chaplain.
As I arrived at the parking lot of the HP Pavillion in San Jose, I was greeted by a red sea of fire apparatus. The San Jose Fire Department had provided two ladder trucks that were set up in the parking lot; ladders fully extended facing each other with a very large American flag hanging between them. It was a spectacular site, and what an awesome tribute to Rob. The flag hanging is this manner has always impressed me.
After arriving, I located the Chaplain that would be performing the service. As it turned out, he was a Captain that had I worked with in Riverside, California. It was good to see him again.
The procession that entered the parking lot was laden with fire apparatus and was followed by the limousines that carried the family. The procession route was lined with fire personnel standing at attention and saluting as the fire engine, which carried the casket, made its way through the crowd.
The San Jose Fire Department had positioned two additional ladder trucks with their ladders fully extended, donning the American flag hanging between them inside the Pavillion.
The service opened with music and a warm welcome to everyone in attendance followed by prayer, guest speakers, the eulogy, and a message to the Fire Family, a Law Enforcement prayer and a song. The Benediction was followed by the Fire Fighters prayer, the Last Alarm and the Riffle Volley. Taps rang out from the bag pipes, which always gets to me. In closing, they had the Flag Folding after which the pipes and drums played Amazing Grace and ended with the presentation of gifts for the Family.
Rob was only on this earth for 47 years; he left us way too soon! He will be missed dearly.
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