Municipal Liability

A San Antonio firefighter who resigned in 2021 has filed suit alleging he was being discriminated against on account of his sexual orientation. Austin Tschirhart filed suit in federal court naming the city and Lieutenant Gerrilyn Casals as defendants.

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The widow of a Belgian firefighter who was killed while on an FDNY marine watercraft that crashed into a tour boat on June 17, 2022, has filed suit against the City of New York and the tour boat’s owner. Heidi Vernmandel filed suit aainst the city, New York City Boat Tours LLC, and tour boat’s captain, Edward Mattiace.

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The Supreme Court of Alabama has refused to consider an appeal of a wrongful death lawsuit, concluding that the trial court must first make a determination as to the liability of a firefighter before a final determination on the liability of a volunteer department and a county fire association can be decided.

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The US District Court for the Western District of Washington has ruled that a firefighter who sought an accommodation to have a service dog accompany him to work at the firehouse, must himself submit to a psychological exam to confirm his PTSD condition, but his dog need not submit to a service dog evaluation.

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A captain with the Patterson, New Jersey fire department has filed suit against the city, the mayor and the fire chief claiming he has been treated unfairly and denied a provisional promotion to battalion chief in retaliation for his complaining about the city’s failure to comply with certain legal requirements.

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A class action sexual harassment lawsuit brought against a Canadian fire department has resulted in a novel settlement that will award victims between $10,000 and $285,000. The suit was brought last year by two female firefighters against the Leduc Fire Services, in Ontario.

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The City of Beverly Hills is facing a lawsuit by a man who claims a firefighter negligently opened a fire truck door as he was passing, which damaged his vehicle and caused him to injure his head, neck and back. Jesus Jimenez filed suit in Los Angeles County Superior Court naming the city and Firefighter Brenton Weist as defendants.

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The US Seventh Circuit Court of Appeals has upheld summary judgment in favor of the City of Kankakee in a lawsuit brought by a female firefighter who accused her officer of assaulting her while they were fighting a fire. Michelle Giese claims Lieutenant Nathan Boyce picked her up and pushed her on October 18, 2018.

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A volunteer firefighter has filed suit against the Borough of Allendale claiming that elected officials wrongfully refused to confirm his promotion to assistant chief. Michael Pina filed suit against the borough, the director of emergency management, the fire chief and the fire administrator accusing them of an assortment of claims.

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A Florida division chief who was fired in 2022 has filed suit claiming disability discrimination. Walter Ebbert filed suit against the Ocean City Wright Fire Control District. The suit was initially filed in Okaloosa County Circuit Court, and removed by the district to US District Court.

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A firefighter who was severely burned trying to rescue a man in 2006, has settled two lawsuits she filed against the fire department for $1 million. Cindy Schuenke has reached a settlement with the Community Fire Protection District in St. Louis County over her injuries and subsequent termination.

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The Second Division Court of Appeals of Georgia has held that when police order EMS to stage, and later release them because no victim is located, there is no legal duty on the part of the medics to independently verify the police determination. The decision reverses a trial court ruling and resulted in the granting of a motion for summary judgment for the EMS provider.

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Five dual function EMT-firefighters with the District of Columbia Fire and Emergency Medical Services have filed a class action lawsuit alleging that the city has reneged on pension-related promises. The complaint seeks to require the city to comply with its contractual and statutory pension obligations, as well alleging the city was motivated in denying them their benefits due to their race and gender.

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A mother whose son died after being tased and arrested by Houston police, has filed suit against the city, the officers involved in the apprehension, and five city firefighters. Meghan Sonnier Simms, the mother of Jermaine K. Sonnier, filed suit yesterday in US District Court for the Southern District of Texas.

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