Texas FD and E-One Liable in LODD Suit

The jury in the first of two wrongful death lawsuits brought against E-One, E-One dealer Hall Mark Fire Apparatus, and the Kilgore Fire Department has concluded that the defendants were jointly responsible for the 2009 deaths of Kyle Perkins and Cory Galloway.

Perkins and Galloway were killed while training on January 25, 2009 with a 95 foot ladder tower on an 8 story building. The men were in the ladder’s bucket but were not wearing safety belts at the time. The platform became stuck against the roof of the building, and whiplashed violently when it broke free catapulting both men to their deaths.

The families sued E-One and Hall Mark on a products liability – defective design theory, as well as negligence, and gross negligence. The Kilgore Fire Department was also accused of negligence in allowing Perkins and Galloway to be in the bucket without safety harnesses, and without all personnel being properly trained on the truck.

The case decided yesterday was brought by the family of Kyle Perkins. The jury heard testimony over eight days, and deliberated for only four hours before awarding $800,000 in damages.  

The second suit, brought on behalf of Cory Galloway, is scheduled for trial in June.

More on the story.

NIOSH Report on the Deaths

 

About Curt Varone

Curt Varone has over 40 years of fire service experience and 30 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) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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