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Reposted from ndtv.com By Sameer Contractor | Jul 21, 2016

 

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 & Law Blog-Cozen & O'Connor Posted on July 12, 2010 by John R. Slattery

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.

I. INTRODUCTION

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.[1] 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.

Abstract

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.

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STATE FARM FIRE & CASUALTY CO., as subrogee of Allen & Greenboatstuff Properties, LLC, Plaintiff,
v.
HEWLETT-PACKARD COMPANY, a foreign corporation, Defendant.No. 13-CV-0328-TOR.United States District Court, E.D. Washington.October 5, 2015.

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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USDC Pennsylvania Permits Vaporizer Fire Case to Proceed to Trial

In MUTUAL BENEFIT INSURANCE COMPANY v. KAZ, INC.,Civil Action No. 1:12-CV-2108 (Feb. 20, 2014) at http://www.leagle.com/decision/In%20FDCO%2020140221C81 was a civil action filed by plaintiff Mutual Benefit Insurance Company ("MBIC"), as subrogee of Betty and Allen Miller, alleging strict liability, negligence, and breach of warranty against defendant Kaz, Inc. ("Kaz"). MBIC seeks reimbursement of monies paid pursuant to an insurance policy issued to the Millers, whose house was damaged in a fire. MBIC alleged that Kaz designed, manufactured, distributed, and sold a vaporizer that caused the fire. Presently before the court is Kaz's motion in limine to exclude the testimony of one of MBIC's submitted experts, Randolph Marshall of Marshall Forensic, LLC. For the following reasons, the court denied the motion.

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The Six Motives for Firesetting

At any point during your career as a fire investigator you will be assigned to investigate an incendiary fire. When the investigator arrives on the scene, information about the incident will be coming from a variety of sources, including police, firefighters, witnesses and the occupants or owner. It is critical to sort all of the information and analyze it properly. During the investigation we must use critical thinking and ask many questions such as, why was this fire was deliberately set? Why was the home, business or vehicle the target of an arsonist? What was the motivation of the arsonist?

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BRP Recalls Ski-Doo and Can-Am Lithium-ion Rechargeable Batteries and Heated Gloves Due to Fire Haza

Description

This recall involves BRP Ski-Doo and Can-Am heated gloves and replacement Lithium-Ion rechargeable batteries. The gloves are only available in black and are sold with two lithium-ion rechargeable batteries and a charger. The gloves have either “ski-doo” or “can-am” on the pointer finger and on the wrist band of each glove. Both gloves come in size XS, S, M, L, XL, 2XL, 3XL. The battery pack is located on the zipped pouch on the wrist of each glove. Each battery is wrapped in white plastic with black writing which includes the warning information.  The recalled product codes can be found on the label sewn inside of the gloves. Recalled product codes are 446247 for the Can-Am heated gloves, 446248 for the Ski-Doo heated gloves and 4880580001 for the two Lithium-ion rechargeable batteries that are sold separately.

 

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Genie Recalls Garage Door Openers Due to Fire Hazard

Description

This recall involves Genie, models PowerMax 1200 and 1500, and Genie Pro, models TriloG 1200 and 1500, screw drive garage door openers. The garage openers are gray and have a rating of ¾ HPc for the models ending in 1200 and 1 HPc for the models ending in 1500. “Genie” and the model name appear on both sides of the opener. The serial numbers are printed on a label located on the side opposite to the light.

 

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Home Fire Sprinklers a Top Priority for NFPA in 2014

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.

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