Immunity

Cleveland Settles Claims With Former Battalion Chief for $990k

A former Cleveland battalion chief who claims he was retaliated against based on the mistaken belief he leaked information to a reporter in 2013, has settled a federal court lawsuit with the city for $990,000. Battalion Chief Sean DeCrane claims he was passed over for promotion and retaliated against by city officials who believed he leaked information about former Fire Chief Daryl McGinnis’ lack of training.

Appellate Court Upholds Ruling In Favor of FDNY in Suit By Patient Who Jumped From EMS Unit

The Appellate Division of the New York Supreme Court has upheld the dismissal of a lawsuit filed against FDNY by a man who was injured when he jumped from a moving EMS unit. Yaugeni Kralkin, 54, filed suit in 2017 claiming that EMS personnel did not do enough to restrain him June, 2016 when he was being transported to the hospital.

Nevada Court Rules Las Vegas Not Liable For Non-Transport of Patient

The Nevada Court of Appeals has upheld the dismissal of a lawsuit against Las Vegas Fire & Rescue and two EMTS alleging negligence for failing to transport a patient to the hospital. The suit was filed by Larry Porchia who claims that on August 26, 2015 2015, he was experiencing stomach pains and “hot flashes.”

Illinois Fire Department Prevails in Wrongful Death Suit

The Illinois Court of Appeals has affirmed a lower court ruling granting summary judgment to a fire department sued for the wrongful death of a woman in 2014. The family of Amanda Gary filed suit against the City of Calumet alleging that the negligence of fire department paramedics caused her death.

BLM Prevails in Suit Alleging Negligence in Wildland Fire

Is the failure to comply with a policy evidence of negligence or proof that commanders had discretion? A lawsuit filed against the Bureau of Land Management over its handling of the "Patch Springs Fire" in Utah in 2013, has been dismissed because fireground commanders were exercising discretion.

Bridgeport Prevails in Suit Over Warehouse Fire

The Connecticut Court of Appeals has rejected the claims of a building owner who sought to hold the Bridgeport Fire Department liable for a major warehouse fire that resulted in a toxic waste cleanup costing the EPA over $2.3 million. 25 Grant Street LLC, filed suit alleging the fire department’s failure to conduct inspections coupled with a decision to apply water to “a small fire” in a building containing drums of toxic chemicals, led to the damages.

Court Rules Baltimore County EMS Not Liable for Patient’s Death

The Maryland Court of Special Appeals has upheld a lower court ruling that neither Baltimore County nor an EMS crew could be held liable for the death of a patient in 2015. Baltimore County Fire Department Paramedic Nicole Nappi and EMT Traci Jackson were sued by the family of Ceontay Coit, who died on December 11, 2015.

FDNY Prevails in Gas Explosion Lawsuit

A lawsuit filed against FDNY over a 2014 gas explosion on Staten Island has been dismissed. The suit alleged that firefighters allowed a homeowner to enter his gas filled home, and trigger the explosion by turning on a light switch.

Minneapolis Settles Sneaker Discrimination Suit for $785k

The city of Minneapolis has agreed to settle a lawsuit filed by a former firefighter over the city’s refusal to allow him to wear sneakers on duty for medical reasons. FF Keith Daniel injured his ankle while on duty back in 2011. The injury required surgery to repair a torn ligament.

Ohio Appeals Court Refuses to Dismiss Fire Department From Tow Truck Suit

The Court of Appeals of Ohio has refused to dismiss a fire department from a lawsuit brought by the owner of a dump truck that was damaged by a towing company following an accident. DSS Services, LLC, is suing the Pleasant Township Fire Department and Eitel's Towing, LCC over an incident that occurred on October 31, 2017.

LA County Groin Kick Suit Results in No Liability

The Second Appellate District of the California Court of Appeals has upheld a trial court ruling that a Los Angeles County fire captain who kicked one of his firefighters in the groin while demonstrating a self-defense move is not liable for the harm the resulted. The facts of the case are quite involved and go back to 2011.

FDNY Prevails in Elevator Rescue Suit Based On Special Duty Rule

The New York Supreme Court Appellate Division has upheld the dismissal of the City of New York and the FDNY from a lawsuit filed by a person injured during an elevator emergency in 2014. Daniel Ortiz filed suit claiming he injured his knee when a stalled elevator he was in dropped several feet during rescue efforts

Ohio Fire Department’s Immunity Upheld as SC Refuses to Hear Appeal

The Supreme Court of Ohio has refused to overturn a court of appeals decision granting immunity to a fire department in a suit over the death of a woman who was backed over by a fire truck. Lorri Riehm was killed in 2016 when she was run over by a Green Springs Rural VFD vehicle that was repositioning at the scene of a water rescue incident.

Building Owner Sues Illinois Fire Department

An Illinois fire department is being sued by a property owner over a 2017 fire that destroyed a shed containing numerous vehicles. William Dickerson II filed is December against the Village of Valmeyer alleging the village fire department was negligent.

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