Idaho Firefighter Alleges Lung Problem Due to Negligence

Posted by: Curt Varone April 16, 2013 0

An Idaho firefighter has filed suit claiming that a he and his crew were negligently exposed to a harmful irritant during a remodeling project at their fire station in April, 2011.

Jay Hamann,  a firefighter for Gowen Field Fire and Crash Rescue, claims that the exposure to the chemicals caused him to suffer from reactive airway dysfunction syndrome, a pulmonary condition similar to asthma. The chemicals were part of a reflooring process being performed by contractors.

The suit names Hamilton & Spear Painting, Northcon, Inc. (the general contractor for the project), Wall 2 Wall Floorcovering, the State of Idaho Military Division, the Idaho Army National Guard, Gowen Field Fire and Crash Rescue, and Gowen Field fire chief William Mattravers as defendants.

The suit was originally filed in Idaho state court, but was removed to federal court by the US Attorney, representing Chief Mattravers because he is a federal employee. The suit alleges negligence, negligent supervision, and intentional infliction of severe emotional distress.

Here is a copy of the complaint.   Hamann v Hamilton & Spear

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 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, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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