Wrongful Death Alleged in West Virginia Cell Tower LODD

Posted by: Curt Varone May 27, 2015 1 Comment

The death of a West Virginia firefighter by a collapsing cell tower has led to a wrongful death suit against five companies, a volunteer fire department and a fire chief.

Nutter Fort firefighter Michael D. Garrett, 28, was killed on February 1, 2014 at the scene of a cell tower collapse. At the time, crews were working on the tower as well as a second one. While Garret was removing a worker injured in the initial collapse the second tower collapsed. Two workers and Garrett died in the incident.

The suit was filed in Harrison County Circuit Court by Garrett’s mother, Faith M. Garrett, in her capacity as administratrix of his estate. According to the complaint, Fire Chief Brenda Fragmin of the Summit Park Volunteer Fire Department was on scene and directed Garrett and other Nutter Fort firefighters to remove the injured worker when the second tower fell striking Garrett.

The complaint names S&S Communications Specialists Inc. of Oklahoma; SBA Communications Corp. of Florida; and three other out-of-state firms, FDH Inc., FDH Engineering Inc., FDH Velocitel, the Summit Park Volunteer Fire Department and Chief Fragmin.

Here is 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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