Awful But Lawful

NY Grand Jury Declines to Issue indictments in LODD Training Death

A grand jury looking into the death of a recruit firefighter at the New York State Fire Academy in 2021 has declined to issue an indictment. Peyton Morse, a recruit with the Watertown Fire Department, died after suffering a medical emergency while in engaged in an arduous training evolution.

Massachusetts Chief Loses First Amendment Suit

A lawsuit filed by a former Massachusetts fire chief who was terminated in 2019, has been dismissed by the US District Court for the District of Massachusetts. Ernest J. Cardillo, Jr., was terminated by the Town of Stockbridge on February 5, 2019.

Suit Claims Louisiana Fire Chief Discriminated Against Couple Over Relationship

Two former employees of a Louisiana fire department have filed suit claiming they were discriminated against and forced out of the department over their romantic relationship. Stacie Dellucky and Frank Dellucky filed suit against the St. George Fire Protection District and Fire Chief Gerard Tarleton alleging violation of their First, Ninth, and Fourteenth Amendment rights.

Fire Law VLOG: March 8, 2021

In this edition of Fire Law VLOG, Curt discusses toxic employees, a new discount available to attendees of the FLSA program, and several cases in the fire law headlines.

Court Rules Whistleblower Protection Not Available For Non-City Claims

A whistleblower lawsuit brought by a Wilmington, Delaware firefighter who was terminated in 2016 has been dismissed by a Superior Court judge because the wrongdoing reported did not involve the city. Thomas Hayman, Jr. was fired by the Wilmington Fire Department in 2016.

California Court Dismisses Firefighter’s Suit Concluding Public Employment is Not Based On Contract

A lawsuit filed by a former probationary firefighter with the San Diego Fire Department who was terminated in 2014, has been tossed by the California Court of Appeals. Josh McCauley claims the fire department breached his employment contract by terminating his employment during his probationary period without sufficient justification.

Today’s Burning Question: Should The Loser Pay?

Today’s Burning Question: If someone files suit against a fire department and loses, shouldn’t they have to pay the city’s legal bills? Answer: That is not how our legal system works. Let’s use a recent case out of Sebring, Florida to better understand the issues.

Houston Prop B Ruled Unconstitutional

In a stunning reversal that has plusses and minuses for both sides, Harris County District Court Judge Tanya Garrison has ruled that Proposition B that mandates Houston firefighters receive parity with Houston police officers, is unconstitutional. The decision was handed down today.

Burning Question: Medical Exams and Liability

Today’s burning question: Have you ever come across a case where a firefighter suffered an illness such as a heart attack, stroke or cancer, in a department that did not have a formal medical monitoring program and then was sued for not having such a program? Answer: While such a case is plausible, none of the cases in my database make that sort of allegation...

Indiana Court Deals South Bend Fire A Minor Set Back

The Indiana Court of Appeals dealt a slight blow to the South Bend Fire Department last week with a ruling that will allow a case that had been decided in the department’s favor to return to trial court for further proceedings. The case involved a woman, Evelyn M. Gregory, who claims she was injured due to the negligence of firefighters from the South Bend Fire Department

Meanwhile in Canada: Firefighters Caught Having Sex On Duty In Fire Chief’s Office Reinstated

A fire captain and a dispatcher who were terminated for having sex in the fire chief’s office while on duty have been ordered reinstated by a British Columbia Arbitration Panel. Fire Captain Brent Bond and dispatcher Cara-Leigh Manahan were terminated from the Vernon Fire Department last year.

Ohio Fire Department’s Immunity Upheld as SC Refuses to Hear Appeal

The Supreme Court of Ohio has refused to overturn a court of appeals decision granting immunity to a fire department in a suit over the death of a woman who was backed over by a fire truck. Lorri Riehm was killed in 2016 when she was run over by a Green Springs Rural VFD vehicle that was repositioning at the scene of a water rescue incident.

Ohio Court Rules Removing Hose Retention Devices At Most Negligent Not Wilful

The Ohio Court of Appeals has ruled that the Toledo Fire and Rescue Department was at worst negligent when it removed safety netting on the hose beds of its engine companies, and thus is entitled to immunity protection in a wrongful death suit brought by the estate of a man who was struck and killed by a hose in 2014.

Family Responsible for Starting Fatal NYC Fire Sue for $1.1 Billion

The parents of a child who started a deadly fire that killed 13 and destroyed an apartment building are now suing eleven different entities, including the City of New York, for $100 million each, totaling a whopping $1.1 billion. Rita and Mark Yeboah have filed suit in Bronx Supreme Court...

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