42 U.S. Code 1983 Civil Action for Deprivation of Rights 2018
Berenter v. City of Glendale, Arizona
In 2014 Mr. Berenter was arrested and charged with arson of his home in Glendale, Arizona. Andler and Associates was retained as a fire expert to assist Mr. Berenter’s attorney with his defense. After conducting a thorough and objective investigation Andler and Associates concluded the correct determination for the causation of the fire was in fact undetermined. The State’s investigator had reached conclusions that were flawed and inaccurate and not supported by the evidence. The State’s investigator’s methodology, experience and qualifications, to render these opinions were strenuously challenged by the investigation submitted by Andler and Associates. As a result, the State dismissed all charges against Mr. Berenter.
In 2018 Mr. Berenter, by way of legal counsel, filed a civil rights violation case against the City of Glendale and through his counsel, Andler and Associates was retained as a fire expert to assist with the case.
Andler and Associates performed a technical review and critique of the investigative practices of the Glendale Fire Department Investigative Unit and submitted their findings. The City of Glendale then settled the case for a monetary amount agreeable to Mr. Berenter.
State Farm Insurance v. City of Scottsdale
A fire occurred at the former residence of the CEO of Safeway Stores located in Scottsdale, Arizona. State Farm pursued a subrogation claim for well over 1.2 million dollars against the City of Scottsdale. Pat Andler of Andler & Associates was retained to represent the City of Scottsdale to defend the actions against the subrogation claim.
After a two day mediation in which Mr. Andler testified on both days, the mediator made the decision of a defense verdict in favor of the City of Scottsdale.
Donald Rumsfeld, the former secretary of defense under the Bush Administration, sustained a fire loss at his single family dwelling located north of Santa Fe, New Mexico. Mr. Andler was retained to investigate this loss on behalf of Mr. Rumsfeld’s insurance carrier.
It was determined that the cause of the fire was accidental as a result of cellulose insulation that had been placed too close to an energized canister light fixture in the attic.
Case settled in favor of Mr. Rumsfeld’s insurance carrier.
Internationally acclaimed movie actor, Bruce Willis was the owner of a ski lodge located in Idaho. Mr. Andler was retained on behalf of Mr. Willis’ insurance carrier to conduct an origin and cause investigation. Mr. Andler was able to determine the cause of the fire to have been accidental and, as a result, Mr. Willis was able to rebuild his ski lodge in a short period of time.
Kavu v. Electrolux Home Products
Jeofrey Mutuvi-Kavu, age 12 and Benson Mutuvi-Kavu, age 3, had come home from school and found a note from their mother on the kitchen table stating that there was soup available in the refrigerator.
In the attempt to warm the soup up for an afternoon snack after school, a flash fire (explosion) occurred severely burning both boys. The stove was determined to have been defective and as a result was the direct cause of a natural gas flash fire.
Both boys required skin graft procedures and will require additional surgical procedures over the course of their lifetime.
Electrolux denied any defect in the stove whatsoever and elected to go to trial. During the nine day trial, Mr. Andler testified as to the origin and cause investigation and was up against some of the leading fire and explosion experts in the United States.
Prior to closing arguments, the defendants did offer $1,750,000.00 however it was rejected. During the nine day trial, the jury deliberated for four hours over a two day period and awarded the plaintiffs 43.1 million dollars. It is believed to be one of the largest verdicts in Pinal let alone the state of Arizona.
Up against all odds and a string of leading defense experts, the plaintiffs prevailed in this case, believed to be one of the largest landmark personal injury cases in the state of Arizona.
Allstate vs Ferrari of North America
Allstate Insurance Company through the law firm of Cozen O’Connor filed a civil action against Ferrari of North America claiming that the filler neck leading to the Ferrari car was defective in design and , as a result, was a cause to a fire.
Allstate Insurance Company paid over $185,000.00 and was pursuing a subrogation claim against Ferrari of North America.
Under legal counsel, Andler & Associates was retained to represent Ferrari which at that time, Patrick Andler was retained and was able to examine the subject vehicle that is described as a 430 Ferrari. During the two day inspection it was determined that the filler neck was not the cause of the fire whatsoever and was not an accidental fire.
Further examination reveals that holes were drilled into an adjacent fuel line and, as a result, the fire was intentional act of arson.
While conducting a background check into the owner of the Ferrari, it was determined that he had recently been sued by the State of Utah for real estate fraud exceeding thirty million dollars.
During mediation, Mr. Andler testified that it was not an accidental caused fire by the poor design of the filler neck but was an act of arson by intentional act of drilling holes into the fuel line which allowed gasoline vapors to come in contact with the hot surface of the motor and/or electrical components which was the ignition source to the fire.
At the conclusion of the mediation the case did settle for a significant amount less that what the plaintiffs were asking.
Gomez v. Magnavox
In the early morning hours, a fire occurred in the living room area of a single family dwelling. House was occupied by a husband and wife and their two young children. The wife was able to exit through a bedroom window while the husband attempted to exit through the front door of the house through the living room. The husband and his three year old daughter expired in the living room.
During the course of this investigation it was determined that the cause of the fire was a defective projection TV set. Through the course of electrical arc mapping, fire pattern analysis and fire dynamics, it was determined that the point of origin was the components inside the TV that was the direct cause of the fire.
Mr. Andler testified during the mediation with the use of a power point presentation and showing the mediator the subject TV set along with an exemplar TV set.
A successful resolution on this case was helpful for the wife and her only child. They now live in Mesa, Arizona.
Alderson/Ochoa vs Freedom RV Inc.
Two young women were occupying a trailer at a rodeo ground south of Tucson when an explosion occurred injuring both young girls.
Alderson, a former beauty queen and rodeo champion was severely injured in the explosion. Through months of investigation and numerous inspections and being confronted with an army of defense experts, it was determined that the cause of the explosion was a buildup of methane gas from a poorly sealed toilet Upon completion by the team of plaintiff experts and written reports provided to the liability carrier, a six million dollar offer was made and included both policy limits and the case settled. Ms. Alderson currently resides in southern Arizona and is currently married.
Bass v. Empire Southwest, Westworld
In the early morning hours a security guard discovered a fire underneath a 200 yard tent located at the West World in Scottsdale, Arizona. Fire quickly spread throughout the tent and multiply vendors who had been displaying their goods at the time were complete destroyed.
Mr. Andler was retained by the plaintiffs class action lawsuit filed against West World and a company that had installed temporary electrical power.
During the bench trial, Mr. Andler testified that the cause of the fire was not a halogen light that six other fire investigators believed had caused the fire but was a result of an overheated flat extension. The extension cord had been placed underneath carpeting and was a code and manufacturer violation.
Although six other experts testified that Mr. Andler was wrong in his opinion, the judge in this case , being a bench trial, found in favor of the plaintiffs and awarded them a multi-million dollar verdict.