Monthly Archives: September 2015

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Mississippi Court Snuffs Out Plaintiffs’ Fading Hopes of Surviving Summary Judgement in Odorant-Fade Case

As experienced fire litigators may know through case experience or study, the tell-tale, cloying ‘rotten egg’ smell signals a gas leak. Propane and natural gas are naturally colorless, odorless and tasteless, which is why federal regulations require natural gas companies to inject ‘odorants’ into gas lines (49 C.F.R. § 192.625(a)). What is perhaps less well-known is the phenomenon called ‘odorant fade,’ which is, as the name suggests, the reduction of concentration of odorant to a level where the gas is no longer detectable by smell.…

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Ohio Appellate Court Refuses to Extinguish Proximate Causation Opinion

An Ohio Appellate Court recently evaluated the ability of experts to determine the proximate cause of damages resulting from the failure of a fire detection system to timely detect a fire. In the subject case (Case No. L-12-1358), the plaintiff’s car dealership was destroyed by a fire. Although the defendant’s detection system alerted authorities of the fire, the plaintiff filed suit alleging that the system was negligently installed resulting in delayed detection and increased damages to the structure. In support of its position, the plaintiff…

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