Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
Two dismissals are in the Fire Law headlines, one a wrongful death suit from Virginia and the other a sexual harassment suit from Illinois.
In Virginia, a wrongful death suit against Middleburg Volunteer Fire Department and Loudoun County has been dismissed. The suit arose in July, 2011, when Nathan Smith collapsed at his home in Upperville. The closest station, Middleburg, normally had county career personnel assigned but due to a dispute was unstaffed. Middleburg was unable to respond and Smith died.
Smith’s family sued for wrongful death. Loudoun County Circuit Court Judge Burke McCahill dismissed the suit finding the defendants had sovereign immunity protection. Judge McCahill has given the plaintiff’s an opportunity to amend their complaint before the matter is entirely disposed of.
More on the dismissal of the Middleburg suit.
In Illinois, the plaintiff in a contentious sexual harassment suit has agreed to dismiss her claims. Lieutenant Terri Simone-Lorenz of the Orland Fire Protection District filed a six-count, 46 page complaint alleging gender discrimination under state and federal law, hostile work environment, retaliation, discrimination on the basis of union affiliation, and Constitutional violations. The suit was filed in state court in 2012 and removed to federal court earlier this year.
For reasons that are unclear, Simone-Lorenz agreed in November to dismiss the four named defendants, battalion chiefs Raymond Kay, Nicholas Cinquepalmi, Michael Schofield and Steve Smith. She has now has now agreed to settle the case and dismiss all her claims against the district. Under the terms of the settlement the fire district will pay Simone-Lorenz’s attorneys fees, and she will remain with the department for 2014 and be eligible for retirement.
