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Civil Suit

Cal Fire Sues Property Owner To Recoup $25 Million in Costs

Cal Fire is suing a property owner and two caretakers in hopes of recouping over $25 million in costs associated with fighting the Mountain Fire back in July, 2013. The fire burned over 27,000 acres, destroyed 23 structures, and required 260 engines, 20 helicopters, 12 fix wing aircraft, and 3500 firefighters before being brought under control.

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Wrongful Death Suit filed in Detroit Failure To Act Case

The refusal of a Detroit EMT to respond to a home where an infant was not breathing has led to a wrongful death suit by the infant's mother. On May 30, 2015 EMT Ann Marie Thomas parked her unit on a street corner away from the scene while waiting for other units to arrive, an act her supervisors referred to as “depraved indifference”.

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NYC Firefighters Sue Over Public Records Violations

The president of the Uniformed Firefighters Association of New York, IAFF Local 94 has filed suit against the City of New York and Council Speaker Melissa Mark-Viverito using the Freedom of Information Law (FOIL) to publically allege that she has been “stone-walling” consideration of a pension related resolution.

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Las Vegas Fire Facing Two Federal Court Wrongful Death Suits Over EMS Response

Las Vegas Fire & Rescue is facing two federal lawsuits alleging the city’s EMS dispatch policy was responsible for the deaths of two victims in 2014. The suits were brought on behalf of John Benjamin Kraai and Brandon Charles Pickford and allege substantially the same thing: the failure to dispatch American Medical Response (AMR) units in both instances led to their deaths.

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Three Federal Court Settlements in the Fire law News

There are three federal court settlements in the fire law news today. The first is the settlement of a lawsuit filed by an Ohio firefighter who lost an eye in 2008 in a fireworks accident. Despite being cleared to return to work by his doctor, Stow firefighter Anthony Rorrer was determined to be unfit for duty. He sued claiming unlawful discrimination under the Americans With Disabilities Act.

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Florida County Contemplates Suing Departed Firefighter for Cost of Training

Today’s burning question: I signed an agreement with my former fire department requiring me to repay them for the costs of my paramedic training if I did not remain with the department for at least two-years. A few months after I completed the training I was offered a position with a larger fire department, so I left. Can they really sue me?

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South Carolina Police-Fire Wars Arrest Leads to Wrongful Arrest Suit

Two South Carolina firefighters have filed suit against the local sheriff for false arrest and malicious prosecution following a police-fire wars skirmish last year. Fire Chief Andy Martin of the West Chester Volunteer Fire Department and his brother, firefighter Tommy Martin were arrested following an altercation with Chester County Sheriffs that occurred at the scene of a jackknifed tractor-trailer accident in February, 2014.

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Nebraska Supreme Court Rules in Roadway Cleanup Case

The Supreme Court of Nebraska has ruled that a fire department can be liable to a motorist injured due to the department’s negligence in clearing spilled debris from a roadway. The court went even further ruling that the fire department’s response to the scene cuts off any duty that the original motorist may have had to other motorists for causing the initial spill.

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Colerain Township LODD Suit Reinstated by Appeals Court

A wrongful death suit brought by the parents of an Ohio fire captain that was dismissed in 2014, has been reinstated by an appellate court against three of the four original defendants. Colerain Township Captain Robin Broxterman and Firefighter Brian Schira died in a house fire on April 4, 2008. Prior to becoming trapped, Captain Broxterman encountered difficulty contacting her pump operator to have her line charged and later reporting a mayday over the county’s digital trunked radio system.

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Indiana Firefighter Sues Over Noose Incident

An Indiana firefighter who was tossed a noose during a training exercise has filed a lawsuit in federal court naming chief who tossed the noose. Marion firefighter Mikel Neal and his wife, Rachelle Fears-Neal, have filed suit against former Deputy Chief Rick Backs. The four-page complaint alleges a single count of a due process violation.

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Yarnell Hill LODD Settlement Announced

Three lawsuits filed last year by the families of twelve of the nineteen firefighters killed in the Yarnell Hill fire have been settled for $670,000 along with assurances that new wildland firefighting procedures will be implemented by the state of Arizona

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Diabetic Syracuse Firefighter Ordered Reinstated

A Syracuse, New York firefighter who was fired in 2013 because of diabetic episodes at work, has been ordered to be rehired and awarded backpay. John Williams was fired by the city over concerns that his diabetes was not being properly managed. Williams appealed his termination to the Appellate Division of the New York Supreme Court

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Indiana Retaliation Claim Settled

An Evansville, Indiana district chief who filed suit in federal court last year alleging whistleblower and First Amendment violations has agreed to settle his claims for $13,750. District Chief Keith Jarboe sued claiming he had been retaliated against after bringing to light certain payroll/overtime related improprieties. Chief Jarboe claims his retaliation consisted of a demotion from district chief to safety officer.

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