Am. Universal Ins. Co. v. Joseph Falzone, 644 F.2d 65 (1st Cir. 1981). · Go Syfert
Am. Universal Ins. Co. v. Joseph Falzone, 644 F.2d 65 (1st Cir. 1981). Cases Citing This Book View Copy Cite
42 citation events (2 in the last 25 years) across 17 distinct courts.
Strongest positive: RATCLIFFE v. BRP US INC (med, 2024-11-07)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 16 distinct citers.
discussed Cited as authority (rule) RATCLIFFE v. BRP US INC
D. Me. · 2024 · confidence medium
Co. v. Falzone, 644 F.2d 65, 66 (1st Cir. 1981) (instructing the jury that expert report was being admitted only to show the basis of the expert’s opinion and not for the truth of the report)).
discussed Cited as authority (rule) Bryan Kirby Barrett, Appellee/cross-Appellant v. Gerardo Acevedo, Appellant/cross-Appellee (2×)
8th Cir. · 1999 · confidence medium
Co. v. Falzone, 644 F.2d 65, 66-67 (1st Cir.1981) (physician’s reliance on out-of-court statements, subject to cross-examination, suffices). .
discussed Cited as authority (rule) Bryan Kirby Barrett v. Gerardo Acevedo (2×) also: Cited "see"
8th Cir. · 1999 · confidence medium
Co. v. Falzone, 644 F.2d 65, 66-67 (1st Cir. 1981) (physician's reliance on out-of- court statements, subject to cross-examination, suffices). -11- on a specific constitutional protection or is so prejudicial that it amounts to a denial of due process may a federal court grant a habeas corpus remedy.
discussed Cited as authority (rule) Primavera v. Celotex Corp.
Pa. Super. Ct. · 1992 · confidence medium
In American Universal Insurance Co. v. Falzone, 644 F.2d 65, 66 (1st Cir.1981), the circuit court stated: [S]ince it is reasonable for one state fire marshall to rely on the contemporaneous and on-the-scene opinions of other investigators on his team as to the portion of the *61 investigation that they carried out within their competence ... [the fire marshall’s] testimony was properly admitted.
cited Cited as authority (rule) ca10 1990
10th Cir. · 1990 · confidence medium
Co. v. Falzone, 644 F.2d 65, 67 (1st Cir.1981) (appellant may not object to improper argument following adverse decision where he voluntarily withdrew motion for mistrial); Computer Sys.
cited Cited as authority (rule) Polson v. Davis
10th Cir. · 1990 · confidence medium
Co. v. Falzone, 644 F.2d 65, 67 (1st Cir.1981) (appellant may not object to improper argument following adverse decision where he voluntarily withdrew motion for mistrial); Computer Sys.
discussed Cited as authority (rule) State v. Barrett (2×)
Iowa · 1989 · confidence medium
Co. v. Falzone, 644 F.2d 65, 66 (1st Cir.1981) (fire marshal allowed to testify on opinion as to cause of fire based in part on reports of other investigators).
cited Cited as authority (rule) International Adhesive Coating Company, Inc. v. Bolton Emerson International, Inc., Emerson Electric Co., D/B/A Chromalox, and Leo C. Pelkus, Inc.
1st Cir. · 1988 · confidence medium
Co. v. Falzone, 644 F.2d 65, 66-67 (1st Cir.1981).
discussed Cited as authority (rule) State v. Jones (2×)
N.C. · 1988 · confidence medium
Co. v. Falzone, 644 F. 2d 65, 66 (1st Cir. 1981) (fire marshal’s opinion as to cause of fire based in part upon reports of other investigators; “reasonable for one . . . marshal to rely on the contemporaneous and on-the-scene opinions of other investigators”); United States v. Genser, 582 F. 2d 292 (3rd Cir. 1978), cert. denied, 444 U.S. 928 , 62 L.Ed. 2d 185 (1979) (I.R.S. agent’s opinion based on audit done by others); United States v. Golden, 532 F. 2d 1244 (9th Cir. 1976) (drug enforcement agent’s opinion on market value of heroin based in part on information obtained from other …
discussed Cited as authority (rule) Mark Wildman v. Lerner Stores Corporation, Mark Wildman v. Lerner Stores Corporation
1st Cir. · 1985 · confidence medium
Computer Systems Engineering, Inc. v. Qantel Corporation, 740 F.2d 59, 69 (1st Cir.1984); Bryant v. Consolidated Rail Corporation, 672 F.2d 217, 218 (1st Cir.1982); DeVasto v. Faherty, 658 F.2d at 864 ; American Universal Insurance Co. v. Falzone, 644 F.2d 65, 67 (1st Cir.1981).
discussed Cited as authority (rule) James L. Townsend v. Gray Line Bus Co., A/K/A the Gray Line, Inc.
1st Cir. · 1985 · confidence medium
See, e.g., Computer Systems Engineering, Inc. v. Qantel Corp., 740 F.2d 59, 69 (1st Cir.1984) (failure to object to improper closing argument at trial or to move for mistrial bars defendant from urging improper argument as grounds for new trial after verdict returned) (“ ‘a party may not wait and see whether the verdict is favorable before deciding to object’ ”); American Universal Co. v. Falzone, 644 F.2d 65, 67 (1st Cir. 1981) (appellant’s withdrawn motion for mistrial based on alleged improper jury argument may not be raised on appeal after adverse jury verdict).
discussed Cited as authority (rule) Paddack v. Dave Christensen, Inc.
9th Cir. · 1984 · confidence medium
See, e.g., United States v. Soulard, 730 F.2d 1292 (9th Cir.1984) (IRS agent permitted to testify on basis of bank deposit analysis conducted by others); In re Japanese Electronic Products, 723 F.2d 238, 277 (3d Cir. 1983) (economic consultant may reasonably rely upon reports by his own consulting firm); American Universal Insurance Co. v. Falzone, 644 F.2d 65, 66 (1st Cir.1981) (fire marshal permitted to testify on basis of report prepared by a team of investigators under his supervision); United States v. Morrison, 531 F.2d 1089, 1094-95 (1st Cir.1976), cert. denied, 429 U.S. 837 , 97 S.Ct. …
discussed Cited as authority (rule) Rychen Paddack v. Dave Christensen, Inc.
9th Cir. · 1984 · confidence medium
See, e.g., United States v. Soulard, 730 F.2d 1292 (9th Cir.1984) (IRS agent permitted to testify on basis of bank deposit analysis conducted by others); In re Japanese Electronic Products, 723 F.2d 238, 277 (3d Cir.1983) (economic consultant may reasonably rely upon reports by his own consulting firm); American Universal Insurance Co. v. Falzone, 644 F.2d 65, 66 (1st Cir.1981) (fire marshal permitted to testify on basis of report prepared by a team of investigators under his supervision); United States v. Morrison, 531 F.2d 1089, 1094-95 (1st Cir.1976), cert. denied, 429 U.S. 837 , 97 S.Ct. 1…
cited Cited as authority (rule) Taylor v. Commissioner of Mental Health & Mental Retardation
Me. · 1984 · confidence medium
American Universal Insurance Co. v. Falzone, 644 F.2d 65, 67 (1st Cir.1981) (diversity case applying Maine law). 23 .
cited Cited "see" Smith v. K-Mart Corporation
1st Cir. · 1999 · signal: see · confidence high
See id. at 67 .
discussed Cited "see, e.g." Computer Systems Engineering, Inc. v. Qantel Corporation, Computer Systems Engineering, Inc. v. Qantel Corporation (2×)
1st Cir. · 1984 · signal: see also · confidence medium
Wright & A. Miller, Federal Practice & Procedure § 2809 at 62-64 (1973); see also American Universal Insurance Co. v. Falzone, 644 F.2d 65, 67 (1st Cir.1981).
AMERICAN UNIVERSAL INSURANCE CO., Et Al., Plaintiffs, Appellees,
v.
Joseph FALZONE, Defendant, Appellant
80-1546.
Court of Appeals for the First Circuit.
Mar 25, 1981.
644 F.2d 65
Peter M. Garcia, Lewistown, Maine, with whom Orestis & Garcia, P. A., Lewistown, Maine, was on brief, for defendant, appellant., Herbert P. Polk, New York City, with whom Whitman & Ransom, New York City, Paul L. Rudman, Clark P. Thompson, and Rudman & Winchell, Bangor, Maine, were on brief, for plaintiffs, appellees.
Coffin, Aldrich, Winter.
Cited by 32 opinions  |  Published
PER CURIAM.

Appellant’s house burned in 1976. Appel-lee insurance companies brought this diversity action claiming arson and seeking a declaration that they were not liable for the loss. The jury made a special finding of arson. Appellant cites as error the district court’s ruling on an evidentiary point, on a proposed jury instruction, and on appellant’s motion for a mistrial. We affirm.

[*66] The evidentiary ruling was made at the close of plaintiffs’ case. Appellant moved to strike the opinion testimony of a state fire marshal, Ricker, that the fire was of human origin because part of Ricker’s opinion had been based on information from other fire marshals on the inspection team that the furnace or heating system was not the cause of the fire. [1] It appears that Ricker had made his own observations of a lawnmower on which burned fragments of wood had fallen from above, suggesting that the fire had not started in the basement, this tending to rule out the furnace as the source; he had also observed in the basement oil tanks two-thirds or three-quarters full; he had eliminated other possible causes — the sun’s rays, lightning, spontaneous combustion, electrical wiring; one complete candle had been found, as well as a wrapper devised for two candles, and other items of circumstantial evidence. Ricker also relied on the statements referred to in the motion to strike from his team members, who were more experienced in inspecting oil burners.

The district court’s refusal to strike Rick-er’s testimony was fully justified by Federal Rule of Evidence 703. [2] Even more illuminating, in the light of the facts of this case, are the accompanying advisory notes, which read in part:

“Facts or data upon which expert opinions are based may, under the rule, be derived from ... presentation of data to the expert outside of court and other than by his own perception. In this respect the rule is designed to broaden the basis for expert opinions beyond that current in many jurisdictions and. to bring the judicial practice into line with the practice of the experts themselves when not in court. Thus a physician in his own practice bases his diagnosis on information from numerous sources and of considerable variety, including statements by patients and relatives, reports and opinions from nurses, technicians and other doctors, hospital records and x rays. Most of them are admissible in evidence, but only with the expenditure of substantial time in producing and examining various authenticating witnesses. The physician makes life-and-death decisions in reliance upon them. His validation, expertly performed and subject to cross-examination, ought to suffice for judicial purposes.” (Emphasis added.)

Appellant conceded Ricker’s expert qualifications. Ricker testified that his conclusions were based upon his own investigation of the ruins together with reports from his coinvestigators Bissett and Rollins with whom he said he worked as a “team”. Since it is reasonable for one state fire marshal to rely on the contemporaneous' and on-the-scene opinions of other investigators on his team as to the portion of the investigation that they carried out within their competence, Ricker’s testimony was properly admitted. Fed.R.Evid. 703. [3] The[*67] important requirement that reliance be reasonable — a matter requiring the district court’s careful consideration — was amply satisfied in this ease.

Appellant next objects that the district court only charged the jury that proof of arson must be “clear and convincing”, not that it need be “clear, convincing, and unequivocal”. A dictum in one recent Maine case does alternate this three part formulation with the standard’s more traditional and concise two-adjective phrasing. See Horner v. Flynn, 334 A.2d 194, 199, 200 (Me.1975). Given the district court’s explicit effort to comply with Horner’s general thrust rather than its “particular words or phrases” and appellant’s own failure to articulate what content “unequivocal” would add to the charge, cf. Webster’s Third New International Dictionary 2494 (1963) (defining “unequivocal” as “clear”), we regard the omission as an admirable, if minor, blow against tautology.

Finally appellant complains of an allegedly improper statement in appellees’ closing argument. Our review of this point is precluded by appellant’s own tactical decision at trial. The day after closing arguments but before the jury retired to deliberate, appellant stated his concern that appellees’ improper argument in closing might require a mistrial. The district court said “Let’s have it now. If you are to move for a mistrial, this is the time. Maybe it should have been after the argument.” Without objection appellant withdrew his motion for mistrial.

Affirmed.

1

. The court had overruled an objection made early in Ricker’s examination that Ricker’s opinion that the fire had not started in the basement was based partly on information that his colleagues had found no troubles with the oil burner, instructing the jury that the testimony was being admitted only to show one of the bases of Ricker’s opinion, not for the truth of the report. Appellant seemed content with this ruling, and made no further objection or request of this nature until he made his Rule 50 motion. Since the making of such a request to strike was so belated, without justification in terms of the information available to appellant, the court may well not have been required to entertain the motion. Nevertheless it did and ruled on the merits. We shall do the same.

2

. Rule 703 reads:

“Rule 703. Bases of Opinion Testimony by Experts

The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to him at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.”

3

. Bryan v. John Bean Division of FMC Corp., 566 F.2d 541 (5th Cir. 1978), relied on by appellant, presents quite a different situation from that at bar. In that case “maximum use”, id. at 544, had been made of the out of court opinions. The court deemed of most importance the fact that there were no “extraneous indicia of reliability” such as the evidence being a[*67] routine business record or “because an uninterested, expert third party” was the source. Id. In this case the fire marshals can be said to be such uninterested parties.