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
Forest River, Inc. (Forest River) is recalling certain model year 2016-2017 Flagstaff recreational trailers manufactured August 11, 2015, through October 27, 2015, and Work N' Play recreational trailers manufactured from October 25, 2015, through May 6, 2016. The MB Sturgis liquid propane (LP) regulator on these vehicles may allow propane gas to leak into the regulator sight glass causing it to degrade and potentially crack.
Get the details at NHTSA
This recall involves brown metal floor lamps with alabaster glass shades. They are illuminated with a single 100-watt light bulb and measure about 70 to 72 inches tall. The model numbers LMP4229, LMP4168 and LMP10771 can be found on the label at the bottom of the lamps.
See the details at CPSC
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").
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.
The California Conference of Arson Investigators has patterned its CFI certification program after the State of California’s certification program with two major differences: 1) The CCAI – CFI program requires the applicant must stand for a written exam and 2) the CCAI-CFI certification requires participation in continued professional training. To keep the certificate valid, a CCAI Certified Fire Investigator must attend 30 hours of approved tested training, or 40 hours of CCAI approved non-tested training or a combination of 40 hours tested and non-tested training every three years, from the date his or her certificate was issued. The hourly training requirement can easily be met by attending two 20-hour CCAI training seminar’s within the three-year period.
To apply, a person does not have to be a member of CCAI; however it is strongly encouraged that everyone in the field of fire investigation belongs to the California Conference of Arson Investigators, the leading organization for training in fire and arson investigations in California.
To qualify, applicants must submit certificates of training showing that they have completed Fire Investigation 1A, 1B, 2A, 2B. If you already possess Level I and Level II Fire Investigation Certifications from the State of California, a copy of your certification certificates will suffice to validate that you have met the training requirements for Fire Investigation 1A, 1B, 2A, 2B. In addition, you will need to complete the eight CFITrainer.net modules listed in the CFI-SOP.
Applicants must also validate that they have had the overall responsibility of, and have investigated, 150 fires to determine fire origin and 150 fires to determine fire cause. They must also substantiate that they have testified twice, in court or in deposition (not in the same case), under oath, pertaining to the origin and cause of fires or in the field of explosions. The testimony can be criminal, civil or from deposition but must be directly related to fire origin and fire cause or origin and cause in an explosion incident. In lieu of actual court related testimony, the applicant may complete any one of the below listed courses.
The following courses/classes will meet or substitute for the criteria of the court room requirements:
The question has risen, “If an investigator possesses a California State Fire Investigator II Certification, why would he/she have to verify again that he/she has investigated 150 fires for cause and 150 fires for origin and testified twice in court?” It is the CCAI Board of Directors’ position that, if CCAI is going to certify an investigator, the person’s qualifications must be independently validated by CCAI using documents and under oath statements.
The initial application fee, if you are a CCAI member, is $150.00 and the certification is valid for three years. Renewal of the CCAI-CFI certification, if you are a CCAI member, is $140.00 every three years. If you are not a member of CCAI, the initial application fee is $300.00 and renewal is $280.00 every three years.
Verification of Testimony
Current CCAI Certified Fire Investigators
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