Civil SuitFiremen's RuleNegligence

Boston Captain Drops Suit Against Dentist

A lawsuit filed last year by a Boston fire captain for injuries he sustained at a fatal fire in 2016, has been voluntarily dismissed.

Captain Kevin Garry was injured at a building fire in the dental office of Dr. Walter Holman. Dr. Holman’s son, Christopher, died from injuries he sustained in the fire. The fire was caused by an unattended Bunsen burner.

Captain Garry sued Dr. Holman for negligence. The case was in the news last month when Boston Channel 4’s I-team raised questions about whether it is fair for firefighters to sue property owners under these circumstances. That news coverage appears to have played a role in Captain Garry’s decision to dismiss the suit.

Curt Varone

Curt Varone has over 50 years of fire service experience and 40 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. Besides his law degree, he has a MS in Forensic Psychology. 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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