Category: Fire Investigation Expert Witness
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Product Safety Expert’s State-of-Mind Testimony Excluded
On November 10, 2022, Kenneth and Phyllis Zerr perished in a house fire. Plaintiffs—the Zerrs’ children and Kenneth Zerr’s estate—alleged that the fire was caused by a defective dehumidifier produced by Gree. In support of their defense, Defendants planned to use expert witnesses. On the origin of the fire, Defendants offered Todd Soong. On the…
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Fire Investigation Expert Was Allowed to Opine on UL Listing
On November 10, 2022, Kenneth and Phyllis Zerr perished in a house fire. Plaintiffs—the Zerrs’ children and Kenneth Zerr’s estate—alleged that the fire was caused by a defective dehumidifier produced by Gree. To support their theory that the fire was caused by a defective dehumidifier, Plaintiffs planned to use expert witnesses. On the origin of…
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Fire Investigation Expert Was Not Allowed to Opine on the Grill Installation
This case arises from a fire that occurred on April 13, 2020 at the Nashville home of Ethan and Ashley Colclasure. The Colclasures’ home, at the time, was insured by a policy (“Policy”) issued by Plaintiff Central Mutual Insurance Company (“CMIC”). Pursuant to the terms of the Policy, CMIC paid a substantial sum to the…
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Fire Investigation Expert’s Specific Ignition-Source Opinion Excluded
This subrogation action arises from a fire that occurred on April 10, 2022, involving a dump truck owned by Boggs Transport, Inc. (“Boggs”) and insured by Plaintiff Amerisure Insurance Company (“Amerisure”). The fire began in a parked dump truck identified as Truck No. 863 at Boggs’s facility in Pageland, South Carolina, and spread to four…
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Fire Investigation Expert Witness Was Allowed to Opine on the Defective Candle
Plaintiffs Robert and Jill Motto brought this action to recover for property damage to their home arising from a fire allegedly caused by a defective candle manufactured and sold by Defendants Newell Brands and The Yankee Candle Company. During the litigation, Plaintiffs retained two experts, Roger Spadt and Dr. John Golder, to investigate the origin…
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Fire Investigation Expert’s Analysis of Burn Patterns Admitted
Defendants owned and managed an apartment complex called The Trails at Flat Rock in Columbus, Georgia. In October of 2022, a fire occurred in Building A of the apartment complex. Kevin Ford, who was staying in unit A-24 with tenant Anthony Thorpe, died in the fire. Plaintiff, the administrator of Ford’s estate, asserted negligence claims…
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Fire Investigation Expert’s Testimony About a Missing Orifice Admitted
On January 21, 2021, a fire destroyed Jacqueline Flynn’s home located at 7618 Craig Court in Orlando, Florida. The Plaintiff purchased a Thermacell Patio Shield on the day of the fire. Since the Patio Shield was the only energized device in use on the balcony at the time of the fire, the Plaintiff filed her…
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Fire Investigation Expert’s Opinion on Damage to the Residence Admitted
On January 21, 2021, a fire destroyed Jacqueline Flynn’s home located at 7618 Craig Court in Orlando, Florida. The Plaintiff purchased a Thermacell Patio Shield on the day of the fire. Since the Patio Shield was the only energized device in use on the balcony at the time of the fire, the Plaintiff filed her…
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Fire Investigation Expert’s Testimony is Crucial to Establishing the Defendants’ Alleged Negligence
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…
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Fire Investigation Expert Witness Prohibited from Relying on Statements by an Unidentified Officer
Meadowbrook Shopping Plaza, LLC purchased a building at 3895 Metro Drive (“the Building”) in 1995. Around 2018, Mr. Khaldoun Abaji approached Meadowbrook about utilizing the Building for his business, a store called Kids Avenue. Abaji and Meadowbrook came to an oral agreement where Abaji paid Meadowbrook $800 a month for the space. The parties agreed…
