Free Response to Motion - District Court of Arizona - Arizona

EXHIBIT 3
Case 2:03—cv—01415—ROS Document 148-4 Filed 12/14/2005 Page1 013

Patrick Andler - 09/15/05
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I southwest corner of the guest house? 1 referring to that sheathing coat, I’m not that familiar
2 A. Yes, I see some tire damage there, appears to be 2 with the type of material, and I would be speculating. I’m
3 a blackened -- I don't know what kind of surface material 3 just looking at a photograph and subjecting it to the
4 that would have been. 4 temperatures that you were asking me to place at, if I had
5 Q. Is it Dryvit, which is mrs? 5 maybe some additional information on the sheathing coat --
6 A. A what? 6 I know I keep calling it sheathing coat, but that’s what
7 Q. It’s an ELFS coating over the structural 7 I -
8 members. It’s EIFS on top of foam, on top of OSB, and then 8 Q. That’s fine.
9 you've got the structural elements underneath. 9 A. I might have an approximate range. As I sit
10 A. I remember they had a pretty unique sheathing on I0 here today, I really can’t.
ll the exterior of the walls to the main house and the guest I1 Q. And that’s f'me, and I said at the beginning of
12 house. I’m not going to speculate on what the temperature I2 the deposition if you didn’t feel you were given enough
13 would be on that. 13 information to venture an opinion. then that’s fine.
I4 Ido know that sometimes they do have fire I4 Do you agree generally with the principle,
I5 retardant type material used on that, and I never did pull 15 though, that at 400 degrees Fahrenheit wood starts showing
I6 what we call the MSDS sheets on that. I6 signs of charring?
17 Q. You weren’t asked to analyze this issue on 17 A. Yes.
18 behalf of State Farm. were you? l8 Q. This sheathing coat may make a difference in
19 A. No. 19 terms of its capacity to actually protect the wood for a
20 Q. The type of radiant heats that would have 20 period of time from the heat?
21 affected the property at the Simms residence? 21 A. lt could.
22 A. No, I was not. 22 Q. Same question with the regular pahn trees. is it
23 Q. Have you ever heard of a book called Kirk’s Fire 23 reasonable to infer that they probably experienced
24 Investigation, Fifth Edition? 24 temperatures of 400 degrees for the trunks to start
25 A. Yes. 25 charring?
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I Q. By an individual named John DeHaan, D—e-H-A-A-N? 1 A. Yes.
2 A. Yes. 2 Q. But you haven’t been asked to analyze —
3 MR. oonm; Why don’t you mark this as an 3 A. No.
4 exhibit. 4 Q. - any palm trees.
5 (Marked for identification Exhibit 4.) 5 I guess here’s my main question: One of our
6 Q. BY MR. DOLAN: D0 you own a copy of that book? 6 concerns in this case is whether or not the house adjacent
7 A. Yes, I do, and I know lohn personally, as well. 7 to the palm trees where there’s signs of charring on the
8 Q. What do you think of John’s qualifications? 8 palm trees that the house experienced similar temperatures
9 A. Very well qualified, probably one of the, if not 9 to what the palm trees experienced.
IO nationally or internationally recognized forensic fire IO Is that kind of analysis something that
Il experts. ll could have been done if you had been asked to do it back in
I2 Q. Can you take a look at the page that I have 12 March of 2001?
13 copied there, I think it`s page 87. and tell me if under I3 A. lt’s difficult to analyze that. Was I asked to
I4 the bullet point "Ignition and Combustion of Wood," see if 14 do it, no, I was not. I believe it could be done by
I5 you have any professional disagreement with what he states 15 somebody that‘s more of a fire spread expert than what I
16 in that. I6 am.
I7 A. (Pause.) I7 Q. ls there such a thing as a fire spread expert?
18 Q. Do you have any professional disagreement with 18 A. Yes, and materials.
l9 his expression of the ranges of temperatures required to I9 Q. And what do they specialize in?
20 start causing charring to wood? 20 A. Fire spread from materials leading from, let’s
21 A. No, I think that‘s pretty accurate. 21 say, plywood to a tree or tree to materials, so forth.
22 Q. Can you take this information and assume that 22 Q. On any previous fires you‘ve worked with Ken
23 the southwest corner of the guest house probably 23 Ridolfi on, have you ever worked on that type of issue with
24 experienced temperatures in that range? 24 Ken on a previous fire?
25 A. The proble I have wi that , ¤ain, _ A 25 A. No, Ihave n t. _ _ _
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Driver and Nix 602-266-6525

Patrick Andler - 09/15/05
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1 Q. Do you have your photos with you? 1 THE WITNESS: Back then, yeah, we used
2 A. Yes, sir. 2 negatives.
3 Q. Do you mind if Ijust blow through them? I `m 3 MR. PHILLIPS: I think they were printed
4 not going to take them from you because they`re yours. and 4 out.
5 I know they’ve been supplied. 1 will go back and find mine 5 MR. DOLAN: Okay.
6 if there’s anything... 6 Q. BY MR. DOLAN: Do you also have a photograph
7 You’ve got a photograph here that actually 7 showing charring to palm trees on the west side of the main
8 shows the top of a palm tree burned off to the east of the 8 house, correct?
9 guest house. correct? 9 A. There’s evidence of charring to the fronds,
IO A. It's hard to tell with respect that the fronds I0 looks like the top of the palm trees, yes.
ll are still in place. 11 Q. A photograph that you have numbered 24 on the
12 Q. The top sure looks black. though. right? 12 back actually shows another view of that same thing.
13 A. No. Maybe a slight corner of it does, yes. 13 correct?
14 Q. I’m talking about the one farther out towards 14 A. Yes, it's a closer view of the damage to the
15 the golf course, there’s one - 15 palm [1'€CS.
16 A. I see. Yes, I would definitely say that was 16 Q. And can you infer from that that the radiant
17 subjected to some form of heat. 17 heat around those palm trees would have also affected the
18 Q. The top of it appears to be black and frondless. 18 adjacent wall on the house neun to the palm trees?
19 correct? 19 A. No, I’m not going to speculate on that
20 A. That's correct. 20 Q. Okay. That`s because you were never asked to go
21 Q. And if you assume that that was green and 21 out and analyze that and look at films and photographs.
22 healthy looking before the fire, you can infer something 22 things like that. correct?
23 about the temperatures that spread to the east side of the 23 A. That’s correct, sir.
24 guest house from looking at that. correct? 24 Q. Things like wind patterns could make a
25 A. I would be speculating with respect to the 25 difference there?
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1 temperatures of a frond. l don’t know what that is. 1 A. Yes.
2 Q. But there is evidence that above ambient 2 Q. Let me get these back to you. I'll give your
3 temperatures, or above normal temperatures. rather. 3 negatives back. and these ones that I pulled out, just to
4 extended over to the east side of the guest house. correct? 4 make a record, I’m going to make a xerox of them. front and
5 A. Yes. 5 back, and then give them back to you. okay?
6 MR. PHILLIPS; What number picture do you 6 (Discussion off the record.)
7 have on the back there? 7
8 TI·1EWITNESS:3A. 8 EXAMINATION
9 MR. PHILLIPS: 3A, thank you. 9 BY MR. PHILLIPS;
10 THE WITNESS: It looks like 281. 10 Q. Mr. Andler. as you know, I`m Bill Phillips. 1
1 1 Q. BY MR. DOLAN: Are there numbers on there? 11 represent State Farm, and Mr. Dolan allowed me to jump in
12 A. I have 281 on the left corner. 12 and ask you a few questions while we're getting some
13 Q. I’m going to give these back to you, but you 13 exhibits copied.
14 have No. 3A and you have 281. 14 In a couple of your photographs the wall in
15 Which numbers do you go by in your 15 between the Simms house and the — is it McDougall or
16 indexing -- 16 Peloquin house?
17 A. I don’t go by any of these numbers. 17 MR. DOLAN: Peloquin house.
18 Q. Did your report reference these photographs in 18 Q. av MR. PHILLIPS: - Peloquin house show up.
19 terms of an indexing? 19 Did you examine that wall?
20 A. The 30 photographs and a description sheet, 20 A. Iobviously looked at the wall. In reference to
21 thats all 1 refer to. 21 any technical examination of it, no.
22 MR. PHILLIPS: Counsel, for your benefit, I 22 Q. Do you recall seeing any fire damage to that
23 think that the set that we produced to you were numbered. 23 wall?
24 MR. DOLAN: Are they on disk or were they 24 A. The hre damage appeared to be more localized
25 actu print d o t? _ A _ _ _ _ A _ 2 around the len th 0 t e s cture ·ith res ect that there
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Driver and Nb; 602-266-6525

Case 2:03-cv-01415-ROS

Document 148-4

Filed 12/14/2005

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Case 2:03-cv-01415-ROS

Document 148-4

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Case 2:03-cv-01415-ROS

Document 148-4

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