by Richard Bennett ~ Cozen O'Connor
In James D. Fowler v. Nationwide Mutual Fire Ins. Co., 2014 WL 3844215, 2014 S.C. App. LEXIS 209 (S.C. App., Aug. 6, 2014), South Carolina’s Court of Appeals recently held that it was prejudicial error to allow the jury to consider either the report of a volunteer fire chief or his testimony on the issue of cause and origin if he does not qualify as an expert. The take away is that if a firefighter can’t testify as an expert, any opinion he or she has on causation is simply not a datum that the fact-finder is entitled to know about.
The insured’s home was destroyed by fire in January of 2007. His homeowner’s carrier, Nationwide Mutual Fire Insurance Company, denied liability after a fire investigator hired by the carrier determined that the blaze was incendiary, and the insured brought suit. The fire was extinguished by the local volunteer fire department, after which its Chief, David Wright, completed a mandatory form known as a “Truck Report.” This stated that the fire originated in a kerosene heater in the living room and that the “Cause of Ignition” was “unintentional.”
This recall involves 36-volt and 48-volt lithium ion rechargeable batteries sold separately and as original equipment with Pedego electric bikes. Recalled batteries of each voltage came in two styles. One style has a silver or black metal case that measures about 13 ½ inches long, 6 ½ inches wide and 2 ½ inches high, with black plastic end caps and a handle. The other style has a black or white plastic case that measures about 14 inches long, 6 ½ inches wide and 2 ½ inches high with a red indicator lamp on one end. The batteries have serial numbers that start with “DLG.” A label with the serial number is on one side of the metal batteries and on the underside of the plastic batteries.
Full details can be found at CPSC or in the members only section.
This recall involves 16-ounce white ceramic beverage mugs with metallic gold accents. A monogram letter A, B, C, D, E, G, H, J, K, L, M, R, S or T is printed in gold on the mug. A sticker on the bottom of the mug has “UPC# 698617673962,” “SKU# 138837” and “Retail: $6.99.”
This recall involves Sears Kenmore stainless steel slide-in ranges with gas cooktops and electric ovens. Model number 790.42603xxx with serial numbers ranging from AF42500601 through AF43000916 and model number 790.42613xxx with serial numbers ranging from AF42500541 through AF43103647 are included. The model and serial numbers are located on the inside frame of the range door on the left side. Kenmore Elite is printed on the front of the oven door.
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.
This recall involves Lenovo battery packs sold with the following ThinkPad notebook computers: the Edge 11, 13, 14, 15, 120, 125, 320, 325, 420, 425, 430, 520, 525 and 530 series; the L412, L420/421, L512 and L520 series; the T410, T420, T510 and T520 series; the W510 and W520 series; and the X100e, X120e, X121e, X130e, X200, X200s, X201, X201s, X220 and X220t series.
The battery packs were also sold separately. The black battery packs measure between 8 to 11 inches long, 1 to 3 inches wide and about 1 inch high. Recalled battery packs have one of the following part numbers starting with the fourth digit in a long series of numbers and letters printed on a white sticker below the bar code on the battery pack: 42T4695, 42T4711, 42T4740, 42T4798, 42T4804, 42T4812, 42T4816, 42T4822, 42T4826, 42T4828, 42T4834, 42T4840, 42T4862, 42T4868, 42T4874, 42T4880, 42T4890, 42T4944, 42T4948, 42T4954, 42T4958, 45N1022 and 45N1050.
Get the full details at CPSC or sign in to the members only section
The California Conference of Arson Investigators is the oldest and the most active fire and arson investigator's association in the country, with over 1,100 members. CCAI is the only organization that transcends the gap between the public (fire service, law enforcement) and private (i.e. insurance adjusters, private investigators, etc.) sectors. Created in 1954, and incorporated under the laws of the State of California in 1960 as a non-profit corporation, it serves the professional needs of men and women engaged in all aspects of fire and arson investigation. CCAI is Chapter #22 of the International Association of Arson Investigators.
CCAI conducts semi-annual training seminars, using the finest instructors from across the country. The most up to date technical information on fire, fraud, and arson investigation is provided to hundreds of participants. All aspects of fire/arson investigation are covered in training provided to public and private sectors.
CCAI provides regional Roundtable meetings at locations throughout the State of California. The Round Table meetings are the backbone of the organization. Attendees are presented with programs of special interest at these meetings. One of the many benefits of of attending these meetings is the ability to network with local public and private fire investigators to discuss recent fire trends and individual fire cases.
CCAI is proud to be involved in the advancement of fire and arson investigation. Through education and training, CCAI has proven the true value of a professional organization. Through an extremely active membership, this non profit organization has brought together various divergent segments of a diversified profession, and helped to make fire and arson training in California the best and most coordinated, professional training in the nation.
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