Another Suit Filed in York LODD Case

The families of two Pennsylvania firefighters who were killed in a building fire in 2018, have filed a wrongful death suit against the building owner and a contractor. York firefighters Ivan Flanscha and Zach Anthony died on March 21, 2018 at a fire in the Weaver Piano Building.

The firefighters died in a collapse that occurred during overhaul operations during the second day of the fire. At least four suits were previously filed against an engineering firm, Carney Engineering Corp, who was accused of assuring the fire department that it was safe for firefighters to enter the building. The families of Flanscha and Anthony, along with two firefighters who survived the collapse, filed separate suits in York County Court of Common Pleas back in 2018.

Channel 21 out of Harrisburg quoted from the complaint as follows:

  • “Defendant Weaver had a duty to make sure that they were no fire hazards on the project, that there was a fire safety plan in place for the project, that there was an appropriate fire warning and suppression system in place at the project and that the building was reasonably protected from the initiation and spread of fire.”
  • “On the day of the fire the first floor of the building was filled with large amounts of disorganized material, particularly in the south wing of the building.”
  • “On the day the fire, large amounts of combustibles and flammable material will being stored on the first floor, to clean the south wing of the building including but not limited to paint, paint thinners, approximately 130 hollow core doors that were either painted or waiting to be painted, wood trim, painted wooden boxes, stacks of lumber, plywood, roofing primer, primer wash and yellow roofing glue, approximately one hundred gallons of polyurethane, diesel fuel, kerosene fuel, gasoline and other waste material.”
  • “This accumulation of combustible material and fuel was not stored or contained safely and created an unreasonable risk of fire initiation and fire spread.”

Channel 21 also reported that “This latest lawsuit consolidates the only other active suit in this case against Carney Engineering Corp.”, although there were four separate suits filed. Additional details will be posted here as they become available.

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.
x

Check Also

FDNY Prevails in Trademark Case With Medic

The US Second Circuit Court of Appeals has handed down a ruling in favor of FDNY concluding that a trademark owned by an FDNY paramedic in the name of "Medical Special Operations Conference" cannot be enforce because it is descriptive.

Family of St. Louis Firefighter LODD Files Suit

The family of a St. Louis firefighter who died in 2022, has reportedly filed suit against the manufacturer of his SCBA alleging that the failure of his PASS device contributed to his death. Benjamin Polson died in a house fire on January 13, 2022.