Buffalo LODD Widow Sues Fire Department for Husband’s Death

In what seems to have become standard practice following a line of duty death, the widow of Buffalo Fire Lt. Charles McCarthy has filed suit against the city of Buffalo and Fire Commissioner Mike Lombardo, alleging negligence in connection with his August 24, 2009 death. FF Jonathan Croom was also killed in the fire. 

The suit alleges the department did not enforce the two-in two out requirement, and tolerated accountability lapses. Suit was also filed against the building owners.

Here is a video with additional details.

 

About Curt Varone

Curt Varone has over 40 years of fire service experience and 30 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
x

Check Also

KCMO Facing Another EMS FLSA Suit

Kansas City, Missouri is facing another fire department related FLSA lawsuit over the way it pays its EMS personnel. The class action lawsuit claims that despite losing EMS related FLSA lawsuits in 2014 and 2015 that cost the city $3.5 million, it continues to miscalculate overtime for its EMS personnel.

Jury Awards $1.4 Million in Charlotte Retaliation Case

A former arson investigator for the Charlotte Fire Department was awarded $1.4 million today in a whistleblower lawsuit against the City of Charlotte. Crystal Eschert, a former arson investigator for the city was fired after she voiced safety concerns over a new fire department building.