Defamation Suit Against Fire Chief Dismissed

Posted by: Curt Varone January 9, 2011 0

A defamation lawsuit filed last year by an angry property owner against a Kentucky fire department and its fire chief has been dismissed. David Young, owner of Vincent Apartments, sued the city of Ashland and Fire Chief Scott Penick over comments the chief made to a reporter following the code related condemnation of the building. Several other code officials were also named in the lawsuit.

Chief Penick made the remarks on January 6, 2010 to a reporter for the Daily Independent, concluding that the building was in a dangerous condition. Young claimed the chief’s remarks were false, malicious, defamatory, and damaged his reputation. The building was evacuated of tenants following the condemnation.

On January 4, 2011, Judge C. David Hagerman concluded that the chief’s statements were "fair comment on matters of public concern", and “clearly based upon the facts". In particular, there were missing fire extinguishers and smoke detectors, a faulty alarm system, and problems with a fire escape.

For more on the story.

 

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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