Municipal Liability

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 former Denver firefighter who claimed the department’s handling of his disability claim violated the Americans With Disabilities Act, and that his subsequent resignation constituted a constructive discharge, has lost his appeal to the Tenth Circuit Court of Appeals. David Perez filed suit in 2021 claiming disability discrimination, race discrimination, national origin discrimination and retaliation under both federal and state law.

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The widow of a firefighter who died in a building fire last March, has filed suit against the building’s owner, a contractor, and the City of Buffalo. Sarah-Elizabeth L. Tierney filed suit in Erie County Supreme Court naming JP Contracting of WNY, LLC., 743 Main Street, LLC., and the city as defendants, accusing them of negligence and wrongful death.

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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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A Charleston, South Carolina firefighter who claims he was the victim of a series of hazing incidents, has filed suit against the city and four colleagues. George Bolovis filed suit in Charleston County Circuit Court alleging battery, civil conspiracy, intentional infliction of emotional distress, and a civil rights claim under 42 U.S.C. § 1983.

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My apologies for the cynical “man bites dog” headline, but given the recent spate of lawsuits claiming the administration of ketamine to patients caused death or serious injury, the irony of a lawsuit just filed in Las Vegas has me shaking my head. The daughter of a man who died inside a Walgreens bathroom with EMS, firefighters, and police on scene, has filed suit claiming their failure to administer ketamine caused his death.

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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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A $495,000 settlement has been reached in a lawsuit brought against the City of Sacramento by an 83-year-old woman who suffered a serious injury when she was dropped by paramedics. Marlene Jordan suffered a fractured left femur when fire department medics reportedly dropped her as she was being transferred from a reclining chair to a gurney.

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The family of a Seattle man who died after firefighters mistakenly staged waiting for police, has agreed to settle their $10 million wrongful death suit for $1.8 million. William Yurek died on November 2, 2021 following 911 calls reporting that he was experiencing chest pain and difficulty breathing.

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An Ohio firefighter has filed a federal lawsuit accusing her fire chief of sexual assault and harassment. Rebekah Huskey claims that Port Clinton Fire Chief Kent Johnson engaged in longstanding pattern of harassment dating back years.

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The family of a Florida firefighter who was fatally injured when a trailer filled with sand tipped, has filed suit accusing the city of gross negligence and wrongful death. Apopka firefighter Austin Duran was injured on June 30, 2022 while attaching the trailer to a fire department vehicle.

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Los Angeles County has agreed to settle a lawsuit brought by a fire captain who was shot by a firefighter in 2021. The settlement calls for a payment of $2.6 million to Captain Arnoldo V. Sandoval, who suffered serious injuries in the incident that occurred at Station 81.

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A Peekskill, New York firefighter of Middle-Eastern ancestry has filed suit against the city, the firefighters’ union, and the fire chief alleging race and ethnicity discrimination. Robert Pappas claims he was passed over three times for promotion to lieutenant, and when he complained he was retaliated against by being denied injured-on-duty status for a work-related injury.

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An African American recruit firefighter in Washington state who had a noose placed around his neck by a fellow recruit, has filed suit against the department, several officers and the offender. Elijah Page filed suit in federal court against the Clark County Fire District 6, three chief officers, a captain and former recruit John Erickson.

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