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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Merchants Mutual Ins. v. Face Place, Inc., 20 Mass. L. Rptr. 511 (2006)

Citation
Merchants Mutual Ins. v. Face Place, Inc., 20 Mass. L. Rptr. 511 (2006)
Parent Document
Merchants Mutual Ins. v. Face Place, Inc., 20 Mass. L. Rptr. 511 (2006)
Jurisdiction
Massachusetts (state)
Effective Date
2006-02-10

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Williamsburg called John Malcolm (“Malcolm”) as an expert witness at trial. Malcolm, who has been a certified fire investigator since 1991, and has conducted some fifteen hundred fire-related investigations, opined that the fire did not originate in the fluorescent light fixture. His reasons included that the fluorescent light fixture would have had a “P” (protected) ballast and installing a fixture with a “P” ballast *513along a beam is not improper or against the electrical code. Instead, Malcolm testified that the fire originated at the toaster oven. In his opinion, Gilligan placed the plastic bag of towels against the toaster oven, and the weight of the plastic bag of towels depressed and held down the toaster oven’s activation arm. Malcolm based his opinion, in part, on photographs of the scene after the fire which showed a bundle of laundry against the front of the toaster oven, and a “V” pattern of burning which had its narrowest point behind the toaster oven, and other evidence of the fire’s burn pattern. Malcolm testified that the toaster oven has an internal thermostat which should prevent it from heating to over 500 degrees. However, if the internal thermostat were broken, the temperature could go higher. He determined that the heat in the toaster oven did go substantially higher because the plastic shelf on the top of the toaster oven melted and the toaster oven’s high temperature glass broke; the shelf above the toaster oven burned; and, part of the toaster oven’s cord was melted and charred. According to Malcolm, this extreme heat caused the bundle of towels to catch fire. Then, the fire spread to the shelves above the toaster oven and jumped from the edges of the shelves into the open lattice work grille below the fluorescent light fixture.