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Breaking Legal Developments

07-08-2005

Published by:
Peter A. Lynch, Esq.
of Cozen O'Connor
palynch@cozen.com
http://www.cozen.com

 

EXECUTIVE SUMMARY:      This weekly newsletter covers:

  1. NY CT Orders Private Fire Investigator to Disclose Factual Observations of his Report


(1) NY CT ORDERS PRIVATE FIRE INVESTIGATOR TO DISCLOSE FACTUAL OBSERVATIONS OF HIS REPORT

In Tracy MacDonald, et al v. Finley's Inc., No. 802 CA 04-03016, 2005 NY Slip Op 5649, the Appellate Division of New York, modified a judge's order on production of a private fire report. The defendant's were ordered to disclose the report of their fire investigator with opinions redacted.

The case involved death and personal injuries of children. The defendants were able to conduct an investigation prior to the demolition of the building two days after the fire, but plaintiffs' expert had no such opportunity.

The court approved of an order requiring the private fire investigator to be deposed about his factual findings. The lower court erred as to production of the expert's opinions. The plaintiffs were entitled to factual data and test results only.

Mr. Lynch can be reached at Cozen and O'Connor, 501 West Broadway, Suite 1610, San Diego, California 92101, 800-782-3366 (voice), 619-234-7831 (fax), palynch@cozen.com (e-mail), http://www.cozen.com. Follow us on Twitter at @firesandrain.

Please direct comments, suggestions, stories, and other items to the author by e-mail at palynch@cozen.com

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