Immunity

The California Court of Appeals has upheld a lower court ruling that a woman struck by a San Jose Fire Department wheel chock cannot recover because she failed to comply with the California Government Claims Act.

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A San Francisco firefighter who was critically injured when a city bus drove over a hoseline at a building fire, has lost his suit to hold the city and the bus driver liable. Matthew Vann suffered a traumatic brain injury and spent two weeks in ICU following the November 2, 2020 fire.

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A federal court has refused to dismiss a wrongful death lawsuit filed against a West Virginia firefighter and his fire department over the death of a couple at a fire scene in Ohio. William A. Reed, Jr. and Karolyn Reed died on April 29, 2021 at the scene of a mobile home fire when they were struck by a backing fire truck.

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A personal injury suit filed by a woman injured when a driverless engine smashed into her office building, has been reinstated by the Appellate Division of the New Jersey Superior Court. Berta Abreu Flores’ claims for pain and suffering against North Hudson Regional Fire Rescue had been dismissed last year.

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The Appellate Division of the New York Supreme Court has upheld a trial court ruling dismissing New York City and FDNY from an EMS-related wrongful death suit. The case will proceed against New York Presbyterian Hospital, who employed the medics accused of sedating Peter Artemiou which led to his cardiac arrest.

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The Fourteenth District Court of Appeals of Texas has dismissed a lawsuit brought by the driver of a car that was struck by a Houston engine that was backing up. Emmitt Wilson filed the suit in state court naming the city and firefighter Jason Carroll as defendants

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A truly unfortunate episode in the New Haven Fire Department has finally come to a close, at least as far as the trial court proceedings are concerned. A superior court judge has granted summary judgment to the city, the fire chief and several others in a lawsuit filed by an Assistant Chief.

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The widow of a Belgian firefighter who was killed while on an FDNY marine watercraft that crashed into a tour boat on June 17, 2022, has filed suit against the City of New York and the tour boat’s owner. Heidi Vernmandel filed suit aainst the city, New York City Boat Tours LLC, and tour boat’s captain, Edward Mattiace.

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The Appellate Division of the New York Supreme Court has ruled that four fire departments sued by a homeowner after a fire cannot be held liable for negligence because they did not owe the homeowner a special duty. Franciszek C. Kulon filed suit against the Neversink Fire Department, Liberty Fire District, Loch Sheldrake Fire Department, and Grahamsville Volunteer Fire Department claiming they were negligent when they responded to a fire in his home.

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The Supreme Court of Washington has ruled that the public duty doctrine, one of the fire service’s most important defenses to negligence claims, only applies to statutorily created duties, not common law duties. The ruling came in a suit case brought against the Seattle Fire Department alleging firefighters responded to the wrong address.

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The Appellate Division of the New Jersey Superior Court has held that a fire captain cannot recover for injuries he sustained that he claims were due to the incompetence of a probationary firefighter. The lawsuit was brought by Captain Robert Eckert of the Camden Fire Department.

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The 11th Circuit Court of Appeals has upheld a ruling in favor of the Miami Dade Fire Rescue and 3 firefighter paramedics accused of negligence and deliberate indifference in their response to a medical run in 2019. Diana Cluff and Jacqueline Beaz filed suit accusing the medics of delaying their response, falsifying reports, and failing to attempt to resuscitate their father, Gustavo Beaz.

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A major fire at a Walmart distribution center in Plainfield, Indiana earlier this year, has led to the filing of tort claims with 34 different fire agencies. This is turn has prompted headlines proclaiming that Walmart has sued all of these entities, which is not the case - at least not as of today.

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The Michigan Court of Appeals has ruled that governmental immunity does not protect a municipal fire department from liability for gross negligence in an EMS related wrongful death suit. The case was brought by the family of Patrick Antonio Clemons-Hodges, against the City of Detroit and two EMTs.

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