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 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.
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.
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.
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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Cordelia Lighting Recalls Two-Lamp Fluorescent Shop Lights Due to Fire Hazard; Sold Exclusively at Home Depot
This recall involves Commercial Electric brand basic hanging shop lights that use two, 48-inch, two-pin, T8, fluorescent lamps. The recalled shop light is a metal light fixture with four plastic lamp sockets and a white finish. It is 48 inches long, 4.25 inches wide and 2.5 inches high and has two 10.5-inch long chains for hanging. The lamp sockets must be snapped into place during installation. Model number CESL401-06 and SKU number 201-462 are printed on a white label on the top of the fixture.
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Paramount Recalls Trident Ultraviolet Sanitation Systems for Pools Due to Fire Hazard
This recall involves all Paramount Trident Series 2 (UV II) ultraviolet sanitation systems. The sanitation systems are a gray tube that stands 32 inches high by 11 inches in diameter. They are plumbed into the pool’s water circulation pipes and plugged in or hard-wired into an electrical system. The pool’s water runs through the unit and is sanitized by ultraviolet lamps. This is a secondary sanitation system used in conjunction with chemical sanitizers such as chlorine or bromine. “Trident UV II” or “Series 2 Trident Ultraviolet Corporation UV Sanitation System” is printed on a black label on the front of the units. In addition, a silver sticker on the units has the following wording “Paramount Series 2 Ultraviolet Pool Sanitizer System,” “Trident Series 2 Ultraviolet Water Treatment System” or “Trident Ultra UV Series 2 Water Treatment System” and a date code of 9/9/2013 or later. Some date codes consist of a series of letters. Consumers with letters in the date code need to go to www.1paramount.com to determine if their unit is included in the recall.
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