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
The recall involves the 1,500 watt Patriot Power Generators. The generators were sold in black or dark blue with “Patriot Power Generator” printed on the right side of the unit. The recalled generators have serial numbers U14040001 through U14041092 and U14110001 through U14111092 printed on a sticker in the upper right hand corner of the rear panel of the unit. The generators measure about 18 inches long by 10 inches wide by 12 inches tall.
Details can be found at CPSC
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.
In National Fire Insurance Company of Hartford a/s/o RX Plus Pharmacy Corp. v. Fair Only Real Estate Corp., Index No., 157143, Judge Nancy M. Bannon of the Supreme Court of the State of New York, New York County, denied defendant’s motion pursuant to CPLR 3126 to dismiss the plaintiff’s claim for damages for injury to plaintiff’s insured’s property and to preclude it from offering evidence in support of its damages claim at the time of trial, based upon the plaintiff’s alleged spoliation of evidence.
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.
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").
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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