Wrongful death

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.

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.

Suit Alleges EMS Responsible for Victim’s Death, Not Homicide Suspect

A South Carolina man who is facing homicide charges has filed a rather unconventional civil rights lawsuit against first responders: he is claiming he is the victim of their failure to provide adequate medical care to the victim. Thomas Reginald Brooks filed suit pro se against nineteen defendants, including Sumter County EMS, the Sumter Police Department, and the Sumter Fire Department.

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.

Firefighters Named in Tyre Nichols Wrongful Death Suit

Three former Memphis firefighters are among those sued by the family of Tyre Nichols, who died after being beaten by police officers. The suit was filed in federal court today by Nichol’s mother, RowVaughn Wells.

Fire Law Roundup for April 17, 2023

In this episode of Fire Law Roundup for April 17, 2023, Brad and Curt discuss the arrest of a woman who embezzled funds from a North Carolina volunteer fire department; a cheating scandal in the Muncie Fire Department; a wrongful ...

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.

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.

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.

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.

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