Wrongful Death Suit Filed Against Attala County Fire in Strange Tragedy

Posted by: Curt Varone April 19, 2010 3 Comments

The Attala County, Mississippi Fire Department is being sued for wrongful death in a strange case that resulted in the tragic death of an 18 year old college student, apparently run over by a fire truck dispatched to help him.

Benjamin Russell was driving home from East Holmes Community College on April 13th, 2009 in his 1999 Ford Explorer when he swerved to avoid a deer and struck a tree.  The accident deployed the vehicle's air bag, knocking the wind out of him. He called his father, who in turn called the fire department.

The Russell family alleges that one of the responding fire trucks ran over Benjamin, killing him. A grand jury reviewed the case but declined to bring criminal charges against the firefighters involved. The wrongful death suit is civil in nature and seeks monetary damages from the county.

More on the accident.

More on the lawsuit.

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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