1. ELIZABETH C. BUC, PHD, PE, CFI FIRE AND MATERIALS RESEARCH LAB LLC LIVONIA, MI BRUCE MOSS, ESQ. BLACK & MOSS, PC TROY, MI The Role and Use of a Metallurgist/Materials Scientist in Subrogation

3. Outline 1. Use of Experts in Litigation 2. The Fields of Metallurgy/Materials Science 3. Failure Analysis-When, Where, Why and How Long 4. Fire and Explosion Investigations 5. Successful Subrogation 6. Real World Examples

4. Use of Experts in Litigation Experts Court Daubert

5. The Field of Metallurgy Once Metallurgy-Now Materials Science Variety of Materials  Metals, plastic, wood and ceramics Variety of Applications  Containing and conveying liquids and gases New Materials  Improved materials performance New Technologies  Lithium ion batteries

6. Variety of Materials Not subject to ‘corrosion’ but ‘environmental stress cracking’ Subject to corrosion

7. Example-Conveying Water Typical plumbing includes:  Pre-stressed concrete  PVC  Copper tubing with soldered joints  Brass meters and valve bodies  Plastic tubing with plastic fittings  Plastic valve bodies  Steel pipe (fire protection systems)  Cast iron fittings  Metal components (springs in valves, inside faucet assembly)  Porcelain (sinks, handles, toilets)

8. Example- Conveying Gas Cast iron Steel Plastic Copper tubing Aluminum tubing Gas connectors-  Brass with soldered ends  Brass with flared ends  Coated or painted brass  Stainless steel  Coated stainless steel

9. New Materials Paradigm shift New failure modes Improved fire performance  More difficult to ignite and/or spread fire

10. Loss Investigation Process Date of loss Description of loss Adjuster Retain experts (origin and cause, etc) Identifying parties Preservation of evidence Laboratory examinations-failure analysis Results Filing suit

11. Failure Analysis ‘Weakest Link’  Design elements including materials selection  Production or in-process failures  Service failures Failure Investigation  Water loss  Fire loss  Vehicle-related  Injury

12. Failure Analysis Failure Mode  Short term versus long term  Catastrophic versus fail-safe  Foreseeable Root-cause determinations  Manufacturing or design defect  Installation  Use/Abuse  Corrosion

13. Failure Analysis Methodology Three fundamental components to the failure investigation process: 1. Acquisition of data  On-site  Preservation of evidence  Research  Off-site testing, analysis and failure investigation 2. Analysis of data 3. Presentation of opinions and conclusions

14. Example-Flexible Gas Connectors Numerous ways gas connectors can fail  Corrosion  Fatigue  Abuse Effects of fire  Stainless steel is not affected  Brass may melt locally from drop-down

15. Fire and Explosion Investigations Typical fires involving root cause as part of ignition process  Electrical fault/ arc  Liquid metal embrittlement  Glowing connection Effects of fire- not part of root cause or ignition  Arc site versus fire melting  Damage to gas connectors  Identification of fuels

16. Fire and Explosion Investigations Methodology: NFPA 921- Guide for Fire and Explosion Investigations (2011 Ed). The role of a metallurgist  Working with fire investigators  Developing ignition scenarios  Collecting samples  Testing ignition scenarios  Lab exam protocols

17. Tools of the Trade Characterizing materials  Physical properties  Chemical properties  Thermal properties Basic laboratory instruments  Stereomicroscope  SEM/EDS Codes, standards and literature Communicating science to clients and juries

18. Successful Subrogation “You have to kiss a lot of frogs before you find a prince”

19. Guess What?

20. Obtain Legal Documents Leases Rental Agreements Construction documents Certificates of Insurance Contracts Warehouse receipts Purchase orders

21. Preservation of Evidence Working definition: When someone throws something away that they shouldn’t have. Defendants prosecuting “spoliation of evidence” defense more frequently Significant evidence which might tend to prove or disprove an element of the case must be collected and preserved by party in control of the loss site Must balance notice with need to repair, demolition, or clean-up Chain of custody

22. Preservation of Evidence Difficulties:  Property not in your control.  Write spoliation letter.

23. Real World Examples: Water Loss Water loss case studies  “Mr. Freeze or Heat Miser”  Case involving freezing conditions based on damage inside un-occupied commercial building  Installation  Release of water supply lines under pressure surge  Improperly sized ferrules  Manufacturing Defect  Faucet failures

24. Real World Examples: Fire Fire loss case studies  Electrical  Bathroom exhaust fan failure  Men’s sauna fire  Chemical  Spa fire involving self-heating of oil; warnings  Mechanical  Frictional heating of broken tool inside CNC  Vehicle  Cruise deactivation switches

25. Real World Examples: Others Seeing Spots-Damaged Glass Windows  Overspray from adjacent cleaning of buildings masonry  Glass windows appeared ‘etched’—could not be cleaned  Could not remove with razor blade  Product contained HF ‘TIMBER!’-Rotten Utility Pole Falls into Building  Ground line decay  Inspection  Timeline

26. Thank you for your attention! Questions?