Negligence

Belgian Firefighter’s Widow Sues FDNY Over Rescue Boat Crash

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.

Alabama Supreme Court Declines to Hear Appeal in Wrongful Death Case

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.

Opening Door into Traffic Prompts Lawsuit in Beverly Hills

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.

After 13 Years of Litigation, Settlement Reached with Injured Missouri Firefighter

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.

Georgia Appeals Court Holds EMS Can Rely on Cancellation by Police

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.

Mother Sues Houston Police and Firefighters Over Son’s Death

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.

Fire Law Roundup for May 22, 2023

In this episode of Fire Law Roundup for May 22, 2023, Brad and Curt discuss a lawsuit filed by a New York volunteer fire company against contractors over toxic fill used in the construction of a new firehouse; the filing ...

Family Sues Over Fire Death in Homeless Encampment

The family of a man who died in a fire at a homeless encampment in Oceanside, CA last year, has filed suit against the City of Oceanside, San Diego County, and CalFire. The Estate of Gabriel Pritchard, Pritchard’s mother and his brother filed suit in San Diego County Superior court.

Suit Claims Failure to Take Spinal Precautions Resulted in Quadriplegia

The Santa Monica Fire Department is being sued for malpractice for the care provided to a man injured in a fall last year. Baldev Devgan and Manju Devgan filed suit in Los Angeles County Superior Court alleging Santa Monica firefighters failed to take proper spinal precautions following Baldev’s fall.

Pennsylvania Families Blame Hydrant Failures For Losses of Homes to Fires

Two families who lost their homes in separate fires after firefighters were unable to get water from area fire hydrants, have filed separate lawsuits against the local water authority and township. The suits claim the defendants were aware of the problems with the hydrant system but failed to rectify the situation.

Fire Law Roundup for May 1, 2023

In this episode of Fire Law Roundup for May 1, 2023, Brad and Curt discuss a suit brought by a woman who was injured by a fire hose being dragged by a Dallas fire truck; a suit by the former ...

Dallas Fire Sued By Woman Struck By Hose

A woman who was injured by a hose being dragged by a Dallas fire truck has filed suit against the city and the driver. Doris Ann Wattley filed suit in Dallas County District Court naming the City of Dallas and firefighter Levon Douglas.

NY Court of Appeals Holds Fire Department Not Liable in Accident Case

The New York Court of Appeals has ruled that a fire department cannot be held liable for the negligence of one of its firefighters through vicarious liability when the driver could not be held liable directly for negligence. The ruling clarifies a contentious issue in New York involving the interpretation of conflicting laws, and is largely viewed as a victory for fire departments.

Four Washington Firefighters Claim City Failed to Prevent Sexual Harassment by Instructor

Four lawsuits have been filed against the City of Everett by firefighters who claim they were sexually harassed by a fire academy instructor who is already being sued for sexual harassment. The four male firefighters filed separate suits in Snohomish County Superior Court claiming the city of failing to address harassment perpetrated by Chau Nguyen.

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