Negligence

Utah Suit Blames Crash Victim’s Death On Responders for Injecting Too Much Ketamine

The family of a Wyoming woman who died after a head-on collision in Utah, has filed suit against fire, EMS, life-flight and hospital agencies and 14 individual responders claiming her death was due to an injection of too much ketamine. Gwendolyn Doner, 19, of Casper, Wyoming, died in April of 2021.

Woman Sues Delaware Fire Department Over Injuries Sustained in Elevator Incident

A woman who was injured while stepping into an elevator has filed suit against a number of parties, including the local fire department. Michele Oliver filed suit against Holiday Inn Express, Delaware Elevator, Inc., and the Lewes Fire Department over an incident that occurred on March 27, 2021.

Sac Metro Sued Over Bulldozed Car

The owners of a vehicle that was damaged by Sacramento Metro firefighters while battling a blaze in a junk yard, have filed suit alleging negligence. Iryna Vorniku and Kostiantyn Vorniku are seeking $68,000 in damages from the Sacramento Metro Fire District.

Second Suit Filed Over Trainee Death at NY State Fire Academy

The parents of a Watertown firefighter who died while training at the New York State Academy of Fire Science, have filed a second wrongful death lawsuit, this time against five instructors. Peyton L.S. Morse died after suffering a medical emergency while in engaged in a training evolution.

IAFF Sues NFPA Over Standard Mandating PFAS in PPE

The International Association of Firefighters has filed suit against the National Fire Protection Association claiming that portions of NFPA 1971 wrongfully impose requirements on structure fire turnout gear that, in essence, mandate the use of cancer-causing PFAS. The three-count complaint alleges civil conspiracy, violation of Massachusetts’ unfair and deceptive trade practices act, and negligence.

Bad News Good News in Colorado Springs in Fatal Accident Case

A Colorado Springs firefighter charged with careless driving resulting in death, pled guilty to the misdemeanor charge. Wesley Cosgrove was driving a brush unit to a fire in a park on October 16, 2022. While proceeding down a dirt path he drove over what appeared to be debris. A 76-year-old homeless woman, Margaret Miller, was under the debris.

Alabama Fire Department Sues Florida Cleaner Over Damage to Santa Apparel

An Alabama fire department has filed suit against a Florida-based dry cleaner claiming that the cleaning process damaged seven Santa costumes. The Lillian Volunteer Fire Department filed the small claims action against Modern Dry Cleaning, of Pensacola, Florida, seeking $1618.12 in damages and $225 in costs.

Nashville Sued by Driver Over Collision Due To Hose Falling Off Apparatus

A woman who was injured in a collision caused by “equipment or firehose” coming off a Nashville fire truck in 2022, has filed suit against the Metropolitan Government of Nashville and Davidson County and the driver of a third vehicle that struck her from behind after the initial collision. Kristin Boesen filed suit in Davidson County Circuit Court alleging negligence.

Ninth Circuit Rules Seattle Not Liable for CHOP Zone Death

The 9th Circuit Court of Appeals has ruled that the City of Seattle is not liable to the mother of a 19-year-old special needs man who was shot and killed in the CHOP zone in 2020. Donnitta Sinclair claimed the city’s conduct caused the death of her son, Horace Lorenzo Anderson, Jr.

Fire Law Roundup for February 27, 2023

In this episode of Fire Law Roundup for February 27, 2023, Brad and Curt discuss a California decision holding that fire departments are not crime victims when an arson occurs, and thus a court cannot order the arsonist to pay ...

Parents Sue NY State Over Training Academy Death

The parents of a firefighter who died while training at the New York State Academy of Fire Science, have filed suit alleging negligence and recklessness. Peyton L.S. Morse, a recruit with the Watertown Fire Department, died after suffering a medical emergency while in engaged in a training evolution.

Wisconsin City Settles Suit With Bridge Owner Over Damage Caused By Fire Truck

A lawsuit filed by the owner of a historic bridge against the City of Burlington, WI and a firefighter has been settled. Roger Bieneman filed suit in 2021 to recoup the costs of repairing the metal truss bridge after Burlington firefighter Justin Benko drove a 40,000 pound engine across it while responding to an airplane crash.

Flint Facing $50 Million Suit Over Fire Deaths

The long-awaited wrongful death lawsuit against the City of Flint and two firefighters has been filed by the mother of two boys who died after a housefire last year. Crystal Cooper claims that Sgt. Daniel Sniegocki and firefighter Michael Zlotek are responsible for the deaths of Zyaire and Lamar Mitchell.

Four NY Fire Departments Not Liable For Housefire

The Appellate Division of the New York Supreme Court has ruled that four fire departments sued by a homeowner after a fire cannot be held liable for negligence because they did not owe the homeowner a special duty. Franciszek C. Kulon filed suit against the Neversink Fire Department, Liberty Fire District, Loch Sheldrake Fire Department, and Grahamsville Volunteer Fire Department claiming they were negligent when they responded to a fire in his home.

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