Cindy Jostworth’s insurance carrier, American Strategic Insurance Corp. (ASIC), has filed a negligence claim against Craig and Elizabeth Meyer. ASIC, acting under its right of subrogation, asserted that the Meyers’ negligent burning of yard waste and debris resulted in a fire that spread and destroyed Jostworth’s residential property at 5558 Silverpoint Drive, Cincinnati, Ohio. Plaintiff’s forensic engineer and fire investigator Kevin Cronan, P.E. concluded that the Meyers’ actions caused the fire.
Arguing that Ohio law requires a private investigator license, the Defendants claimed that Cronan’s testimony is inadmissible because neither he nor U.S. Forensic possesses such a license.
Fire Investigation Expert Witness
Kevin Cronan holds a bachelor’s degree in mechanical engineering and is a licensed professional engineer in 27 states, including Ohio. He also possesses numerous fire certifications, has extensive experience in fire investigations, and volunteers with the fire department.
Discussion by the Court
In light of Cronan’s demonstrated expertise and qualifications, the Court deemed him capable of providing expert testimony on the matter.
National Fire Protection Association 921: Guide for Fire and Explosion Investigations (“NFPA 921”) recommends that fire investigators follow a six-step method: “(1) identify the problem, (2) define the problem, (3) collect data, (4) analyze the data, (5) develop a hypothesis using inductive reasoning, and (6) test the hypothesis using deductive reasoning.”
The Court ruled that Cronan’s fire investigation, conducted in accordance with the NFPA 921, provided a reliable basis for his expert opinions. Moreover, the Defendants’ attempt to block Cronan’s testimony on the fire’s origin and cause is misplaced. This testimony is crucial to establishing the Defendants’ alleged negligence and, therefore, is clearly relevant.
Held
The Court denied the Defendants’ motion to exclude the testimony of Kevin Cronan.
Key Takeaway:
Court upheld the admissibility and reliability of expert fire investigation testimony, even in the face of challenges regarding licensing, by confirming that the expert’s qualifications and adherence to established industry standards (NFPA 921) were sufficient.
Case Details:
| Case Caption: | American Strategic Insurance Corp. V. Meyer Et Al |
| Docket Number: | 1:23cv119 |
| Court Name: | United States District Court, Ohio Southern |
| Order Date: | March 18, 2025 |
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