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Scottish Fire Rescue Service Facing Criminal Charges Over LODD

The death of a Scottish firefighter four years ago has led to criminal charges being brought against his department. FF Ewan Williamson of the Lothian and Borders Fire and Rescue Service was killed on July 12, 2009 in Edinburgh while fighting a fire in a bar. During the fire twenty people were rescue from apartments above the bar.

Williamson’s family filed a 700,000 pound sterling ($1 million) damage claim against the department last year, claiming watch commander Tim Foley failed to recognize the warning signs of a “backdraught”, and did not provide Williamson sufficient rehab time between entries. They also allege that ventilating windows in the bar contributed to Williamson’s death.

Williamson is believed to have made an initial entry with his crew into the building and come out to replenish his air supply. It was during his second entry that an evacuation order was given. While everyone else made it out safely, Williamson radioed Foley "I'll be there in a minute, boss, I think I'm stuck in a toilet." He followed that transmission by another reporting: "I'm stuck. I'm stuck." His body later was found in a bathroom.

According to pleadings submitted by Williamson’s family:

  • "On ascending the stairs for the second time, he was confused and suffering from heat exhaustion… he turned towards the toilets instead of towards the entrance of the bar"
  • "Ventilating the fire by smashing windows … made the task of those fighting the fire in the basement more dangerous"
  • "Mr Foley failed to exercise reasonable care for the safety of the deceased and by his failures caused the death of the deceased."

According to news reports Williamson’s family has offered to "freeze" their civil claim if the Crown Office agrees to prosecute “anyone” over his death.

Two formal charges were filed against the fire department on April 9, 2013, one for breaching Section 2 of the Health and Safety at Work Act 1974 and the other for breaching Regulation 3 of the Management of Health and Safety at Work Regulations 1999, by failing to carrying out risk assessments.

The charges have been brought against the Scottish Fire and Rescue Service, who took over the Lothian and Borders Fire and Rescue Service on April 1, 2013.

More on the story, including video coverage.

Posted in Civil Suit, Criminal Law, International, LODD, Municipal Liability, Negligence, Occupational Safety & Health, Wrongful death

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Apparatus Accident LODD Prompts Criminal OSHA Citation

The death of a volunteer firefighter who was responding to fire in Nipissing, Ontario has prompted criminal charges being filed against the fire department.

Firefighter Paul Nelson, 21, was killed on December 27, 2011 when the engine he was driving went off the road in a weather related accident. He was a college student at Nipissing University, and was alone in the pumper at the time.

The Ontario Ministry of Labour brought the charges under the Occupational Health and Safety Act claiming that the Nipissing Township Fire Department failed to provide Nelson with enough training.

Also facing charges in connection with the accident is a contractor responsible for clearing the roads at the time of the accident. News reports indicate there were some 27 accidents in the area associated with snow and ice.

I am hoping to get some additional details on the nature of the charges. Here are the penalties listed for OSHA violations in Ontario:

Penalties

66.  (1) Every person who contravenes or fails to comply with,

(a) a provision of this Act or the regulations;

(b) an order or requirement of an inspector or a Director; or

(c) an order of the Minister,

is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than twelve months, or to both.

Idem

(2) If a corporation is convicted of an offence under subsection (1), the maximum fine that may be imposed upon the corporation is $500,000 and not as provided therein.

More on the story.

Posted in Apparatus, Criminal Law, International, LODD, Municipal Liability, Occupational Safety & Health, Volunteers

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Welsh Medic Terminated for Slapping a Patient

Sometimes its good to look at cases from other countries so we understand that the headlines we see here in the US are not representative of a uniquely American problem. Its really a function of human nature and the nature of the job, both of which cross not only state lines but national boundaries as well.

In Wales, an employment tribunal has upheld the termination of paramedic Gareth Lewis for slapping an elderly female patient who had a history of mental illness. The incident occurred in July of 2011 and Lewis, a former RAF medic, was terminated by the Welsh Ambulance service last October.

At a hearing before an employment tribunal earlier this month, Lewis claimed he was merely trying to assess her level of consciousness after she passed out, and simply tapped her face three times.

However, Lewis’s partner, Nancy Holmwood, who was in the room next door talking with the patient’s daughters, reported that she heard slaps. That was confirmed by the daughters and by the victim who testified that she awoke for the final slap which she called “an almighty slap”.

As part of Lewis’s defense, he alleged that Holmwood was out to get him because he opposed a children’s party being held in the ambulance station. He also claims he was targeted by his superiors in the Welsh Ambulance Service because he raised health and safety concerns in the past.

Employment judge Roger Harper issued a unanimous ruling for the tribunal in upholding Lewis’s termination for gross misconduct.

The case had been referred to the police for investigation, as well as the Protection of Vulnerable Adults Panel, but neither entity found cause to take action.

More on the story.

Posted in Criminal Law, Disciplinary Action, EMS, International, Wrongful termination

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Canadian Sexual Harassment Case Dismissed

A sexual harassment suit brought by a female firefighter against her department and her union has been dismissed… sort of. The court concluded that it lacked jurisdiction to hear the suit, and that the matter rightfully belonged in binding arbitration.

The case is from Ontario, Canada and if the reasoning for the dismissal seems a bit strange that is because in the United States victims of civil rights violations (race, sex, disability, age discrimination, etc.) have an absolute right to have their claims heard in court. In fact, a collective bargaining agreement or a state law that tried to limit a victim’s access to the courts would be struck down.  

Firefighter Mary Herzog filed the suit on December 23, 2010 in Ontario Superior Court against the City of Windsor Fire & Rescue Department, several members of the department, and the Windsor Professional Fire Fighters Association. She was seeking $10,000,000 in damages for alleged emotional and sexual abuse, and an additional $2 million in punitive damages.

The case bogged down when Herzog’s lawyer withdrew from the suit, and Herzog was unable to secure a replacement.

In a ruling issued on May 7, 2012 that was previously unreported in the media, Superior Court Justice Thomas Carey concluded that “the collective agreement directs that all differences arising out of the plaintiff’s employment fall within the exclusive jurisdiction of an arbitrator to be settled by binding arbitration. This court has no overlapping jurisdiction…”

The matter came to the notice of the media when the city’s attorney placed the case on the city council’s agenda for discussion last evening. The issue for the council: should the city appeal the judge’s denial of an order to make Herzog pay the city’s defense costs of $26,500. In ruling not to assess Herzog defense costs, Judge Carey wrote:

The plaintiff is self-represented and receives disability pension. The material before me indicates that her physical and emotional health have deteriorated since her initial complaints. She relied upon her former solicitor for legal advice and given the settled nature of the law in this area was apparently poorly served. In the record before me, it seems she has not received moral or financial support from her Association. The material filed on consent supports that her complaints were not without some merit. The imposition of a costs order against her would be disproportionately punitive to her in all the circumstances.

The city’s lawyer, Mark Nazarewich, recommended that the city leave well enough alone. No word on the final decision.

Here is a copy of Nazarewich’s memo and court ruling:

More on the caseCity Attorneys Memo.

Posted in Civil Suit, Constitutional Rights, Discrimination, International, Labor Law, Municipal Liability, Politics, Sexual Harassment

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Cracking Jubblies Comment on Facebook Leads to Medic Being Disciplined

Not sure how we missed this one back in April when the decision came down, but a British Paramedic was found guilty of misconduct for posting a remark on his Facebook page indicating that he “copped a feel” while on a run.

Paramedic Mark Small of the Great Western Ambulance Service was accused of misconduct for a post he made following a shift on June 28, 2011. The comment was reportedly: “Saved someone’s life and managed to cop a feel of some cracking jubblies.”

Following the posting, Small was suspended from work. He was later reinstated when it was determined that he never actually touched anyone… he apparently was just bragging that he had. The UK’s Health Professions Council reviewed his case and concluded Small’s conduct was “irresponsible, immature and highly unprofessional”. He was given an official caution that will remain on his record for 3 years.

Isn’t it nice to know that it’s not just us who are struggling with social media…

More on the story.

Posted in Disciplinary Action, EMS, Humor, International, Social Media, You Can't Make This Stuff Up

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Details Emerge on Paris Fire Brigade Sexual Hazing

The Paris, France Fire Brigade is reeling following the revelation that a recruit on the department’s elite gymnastics team had been sodomized and sexually assaulted by teammates. The incident allegedly occurred May 6, 2012 as the team was returning from a gymnastics event. On top of it all, the incident was recorded on a member’s cellphone.

To put the incident into perspective, a bit of background on France’s largest fire department is in order.

The Brigade des Sapeurs-Pompiers de Paris, (BSPP) is a military fire department, and the firefighters are active duty military personnel. France has obligatory military service and as an alternative to serving one year in the army or navy, young men and women have the option of applying to serve a 5 year commitment in either Paris (army) or Marseilles (navy) as firefighters. Promising personnel may be offered the opportunity to re-enlist for additional 5 year terms, up to a maximum of 15 years of service. Personnel who are considered to show leadership potential may be admitted into the officers ranks, which is considered to be more of a permanent career.

Given the obligatory service requirement, the Paris Fire Brigade is in the enviable position of being able to recruit the brightest, most physically fit young men and women in the nation. Service in the department is physically rigorous and a premium is placed upon agility. Failure to maintain fitness levels is grounds for dismissal.

To understand just how important agility and fitness is, all fire stations in Paris have a shelf-like platform mounted on a wall at the 8 foot level, known as an etage. All members of the BSPP must be able to hoist themselves up onto the etage as a test of their physical agility and the failure to do so when requested by a superior is grounds for summary dismissal. From scaling ladders (pompier ladders) to rope rescue capability, the department has historically placed a premium value on firefighter agility.

It is not surprising then that while many US fire departments have elite softball or hockey teams, Paris has an equally elite gymnastics squad.

The sexual assault appears to have been part of a ritualized hazing that went too far. The story came to light when the 23 year old victim complained to authorities that he had been pinched and bitten on his buttocks, and sodomized with fingers and a plastic bottle. He claims that one teammate sodomized him as others held him down, and still others looked on. He also alleged that one of the on-lookers was an officer.

The incident occurred on a bus while the team was returning from a gymnastics event in the Alsace region of France. Allegedly it was an initiation of the victim onto the gymnastics team. Two investigations have been launched, one criminal and one internal to the fire department. From news reports, a total of fifteen firefighters were involved and have appeared before a police inquest.

At the present time, four firefighters have been charged with rape, and eight others have been charged with aggravated assault.

The BSPP’s commander, General Gilles Glin, has ordered the gymnastics team to be disbanded. He condemned the incident which he said was contrary to BSPP’s core values of “generosity, devotion to duty, and altruism”.

Posted in Criminal Law, Disciplinary Action, International, Sexual misconduct, You Can't Make This Stuff Up

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Puerto Rico Ambulance Feud Leads to Murder

A turf battle between rival ambulance companies  has turned deadly in Puerto Rico where two paramedics stand accused of murdering a competitor who allegedly “stole” one of their patients.

Luis Deida Martinez, 31, was shot dead on Wednesday as he sat in a bakery having his breakfast. The names of the accused paramedics have not been released. According to police, they shot Martinez and then drove away in their ambulance.

The two allegedly argued with the victim earlier in the day. At the center of the controversy was a patient that Martinez’s wife, also a paramedic,  picked up that the pair believed was their patient.

More on the story.

Posted in Criminal Law, EMS, International, You Can't Make This Stuff Up

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Ontario Village Fined $93,750 for Training LODD

In Ontario, Canada the Ministry of Labour has fined the Village of Point Edward a total of $93,750 for violations of the Occupational Health and Safety Act following the 2010 death of a volunteer firefighter. Gary Kendall died on January 30, 2010 during ice rescue training when an unexpected movement of an ice flow pushed him under water for over four minutes.

The Ministry of Labour issued a total of 11 charges against the Village, Fire Chief Doug MacKenzie, and Terry Harrison, who organized the training. On Tuesday, the Village pled guilty to failing to take reasonable precautions to protect a worker, and agreed to pay the fine. In lieu of the plea, the remaining charges against the Village and Chief MacKenzie were withdrawn.

In accepting the plea, Justice Deborah Austin referred to the incident as “a tragically preventable death.” The case against Terry Harrison is scheduled for trial on May 8, 2012.

More on the story.

Posted in Criminal Law, International, LODD, Manslaughter, Municipal Liability, Negligence, Occupational Safety & Health, Training

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Lying About Spotter Costs 2 British Firefighters Their Jobs

Two firefighters with the Greater Manchester Fire and Rescue Service are out of their jobs following a minor backing accident that damaged a wall. They were accused of lying about the use of a spotter.

David Woollam and William Lindfield were waiting with their apparatus while three firefighters investigated a flood damaged property. FF Woollam attempted to turn the vehicle around and while backing it struck the wall of a home. Brigade policy requires that a spotter be deployed whenever vehicles are backed.

FF Lindfield told investigators that he was serving as a spotter, while FF Woollam claimed he began backing before he realized a backer was not present on his backup camera. Woollam claimed he then mistakenly left the vehicle in reverse striking the wall.

Investigators concluded that the pair had lied. FF Lindfield was terminated and FF Woollam opted to take an early retirement.

More on the story.

Posted in Apparatus, Disciplinary Action, International

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Sexual Assault Alleged in London Fire Station

A woman is claiming she was sexually assaulted in a London, England fire station following a Christmas Party on December 19, 2011. Scotland Yard is investigating the case that appears to involve two firefighter-colleagues.

The Daily Mail is reporting that incident may have involved off duty personnel who slept over at the station in South London following the party. Scotland Yard has confirmed that a male suspect in his 20s has been arrested, but the London Fire Brigade has not confirmed whether he is a firefighter or not…. well… sort of. The Daily Mail quoted a department source saying: “We don’t comment on matters involving individual staff members.”

More on the story.

Posted in Criminal Law, Disciplinary Action, International, Sexual misconduct, You Can't Make This Stuff Up

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Swedish Firefighter Wins Reverse Discrimination Suit

Employment discrimination suits have become an unfortunate commonplace in the American fire service. Roughly two out of every 5 suits involving fire departments is a discrimination suit, with aproximately 40% of those being reverse discrimination cases.

In Sweden, a man seeking a summer job as a firefighter made unusual headlines last summer when he sued a fire department alleging he was wrongfully passed over due to unlawful set asides intended for women and “people with foreign backgrounds”.

Last spring, Simon Wallmark applied for a summer job with the Södertörns Brandförsvarsförbund (SBFF) fire department, a suburban department outside of Stockholm. Wallmark had previous experience as firefighter, had undergone vocational training and was fully qualified for the job. He was not selected, with the stated reason being that the jobs were “reserved for women and people with foreign backgrounds”.

The department ended up selecting 32 recruits for the job, out of which 10 did not meet the stated required education standards. The Center for Justice, a nonprofit organization that takes up meritorious causes in Sweden, agreed to represent Wallmark, and filed suit in July, 2011 against the department alleging discrimination.

The suit sought 100,000 kronor, or roughly $16,000, in damages. Last Wednesday, after several hours of court supervised negotiations, the fire department agreed to pay Wallmark the entire 100,000 kronor he demanded.

“This is an important signal that it’s illegal to give people special treatment due to their gender or ethnic background,” said Wallmark’s attorney, Clarence Crafoord. The fire department issued a press release indicating its intent to continue to “increase diversity and equality” in a way that will “better reflect society”.

More on the story.

 

Posted in Civil Suit, Discrimination, International, Municipal Liability, Politics

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DNR Tattoos: Are You Kidding Me?

Here is one for all the paramedic legal eagles out there: You arrive on the scene of an unconscious 80 year old female. During the course of your patient assessment you notice a tattoo on her chest stating “Do Not Resuscitate”. Do you have to honor that request?

We have discussed DNR orders here quite a bit, but this case is a bit different. Not that 80 year olds should be prohibited from getting inked, nor that people should be limited in their decisions on the extent to which their lives should be prolonged, but seriously? A DNR tattoo?

That is how an 81 year old grandmother from the UK, Joy Tomkins, has chosen to make her last wishes known to emergency responders and hospital personnel. That’s not all. Tomkins also had the letters “PTO” tattooed on her back along with an arrow directing viewers to her front. Click here for the photos.

Tomkins was quoted by Mirror.com as saying: “I do not want to be half dead, I want to be fully dead. I’m afraid the medical profession will, with the best of intentions, keep me alive when I don’t want to be alive. …I don’t want to lie for hours, months or even years before dying. I do not want to end up as a vegetable. I don’t want my family to remember me as a lump. That is why I got the tattoo.”

The news article reports that a British General Medical Council spokesperson said most UK doctors would ignore the tattoo. I would have to agree. Here in the US she would still have to comply with what ever state law requirements were applicable for a DNR request to be honored. The tattoo alone would not cut it. However, the tattoo should serve as notice to check further.

Posted in Burning Question, Duty to Act, EMS, Humor, International, You Can't Make This Stuff Up

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Scottish Firefighter Lost the Plot

“Lost the Plot”…. No its not a typo.  I usually do not cover legal matters from other countries, but there was something intriguing about this story and the common language that separates the US from the UK. A senior firefighter from Hamilton, in Scotland, is in trouble with the law for directing threatening and abusive behavior towards his girlfriend.

Steven Aitchison of Strathclyde Fire and Rescue, was arrested and charged earlier this year with choking Shauna McManus, and tearing up her home. In March the case was deferred pending Aitchison’s remaining on good behavior for six months. He appeared for final sentencing today and got off with an “admonishment” by the Sheriff. The lack of a serious penalty has McManus seeing red. She was quoted by the media as saying:

“He really frightens me. I have had to live with this for months, and to find out that he has only been admonished sickens me.  The judicial system is all wrong. I have been left to pay for all the damage to my home that night. I have had to renew doors, replace flooring, lamps, ornaments and a side board, not to mention picking up the pieces in my own life”.

Take a look at how she explained the violent episode:

“We had gone out for a Christmas night out together and had such a brilliant night. We came home to my house and he went out for something to eat. I decided that I would go up to bed. When he got back, he came up to the bedroom and tried to wake me. When I am sleeping I just want to sleep, so I didn’t wake up straight away… I thought I better get up and went downstairs and sat on the couch…. It was then that he just lost the plot”.

McManus alleges that Aitchison then grabbed her by the throat and smashed up her furniture. Aitchison, a watch commander, remains suspended from Strathclyde Fire and Rescue facing internal disciplinary action.

More on the story.

Posted in Criminal Law, Disciplinary Action, International, You Can't Make This Stuff Up

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Should Firefighters Be Able To Sue?

“We live in a culture of litigation now, and I suppose the fire service isn’t any different from any others in that sense.” Interesting quote … from a former firefighter … and South Ayrshire Councillor John Allan about the settlement of a lawsuit in Scotland brought by a senior fire commander who was injured 2006.

Commander Paul Tanzilli was injured in a strange boating accident on August 9, 2006. He and a crew were evaluating the operation of a pioneer rescue boat when it hit a “freak wave” created by a nearby tug boat. Tanzilli was thrown from his seat and injured his back fracturing his L1 vertebrae.

The commander filed suit against his superiors for negligence, “claiming there was no consideration taken for ‘untrained personnel’ on board”. The £50,000 case was settled for an undisclosed amount in part because of a concern over setting a precedent that could lead to more suits if the case went to trial…. Seriously??? And exactly what message does settling the case send…

Anyway – here is a good link to the story. It is interesting to see that the US does not have a monopoly on lawsuits. While I do not know enough about the case to be able to comment in detail – one point that struck me as odd is the commentary by several people quoted in the article that suggests that because someone is a firefighter, they have accepted a level of risk and should therefore be prohibited from suing. For example:

  • “However, when I joined I knew I was putting myself at risk. You go to work every day and you don’t know how that day will end. If you are going to have to save someone or a bit of property then you will always be putting yourself at risk, and you just have to accept that.”
  • “These things happen in these services, and they happen in everyday life. It is about what is appropriate.”

I am not buying into the assumption of risk argument. As firefighters we no doubt accept a certain level of risk – but not all risk. An astronaut accepts risk. But if he is injured through the negligence of someone while he is being driven to the launch pad – he should not be prohibited from suing simply because he accepted a greater risk by agreeing to go into outer space. Again, I don’t know the specifics of the Scottish case – but accepting the risks of being a firefighter does not excuse all acts of negligence.

If the same case occurred in the US, there would be some level of liability protection offered through the workers compensation exclusivity principle. Essentially, in the US – workers compensation is considered to be the exclusive remedy for someone injured at work. An injured worker cannot sue his employer or co-workers for work related injuries except in limited circumstances. But it has nothing to do with the acceptance of a certain level of risk… If that were the case we would have librarians and accountants able to sue for injuries that firefighters could not! Interesting discussion though!!!!

 

Posted in Civil Suit, Immunity, International, Municipal Liability, Negligence, You Can't Make This Stuff Up

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UK boy dies as ambulance crew takes break

UK boy dies as ambulance crew takes break.

Some times its nice to know that the craziness that seems to be all around us is not just a problem here in the US.

But seriously, tea time?

Posted in Duty to Act, EMS, International, Wrongful death, You Can't Make This Stuff Up

British Firefighter Files Sexual Harassment Suit

A female firefighter with the Devon and Somerset Fire and Rescue Service has filed suit claiming she has been sexually harassed and bullied by male firefighters. Sandra Tilke alleges the treatment began in 2002 after she refused to join a strike.

It is the second sexual harassment suit that Tilke has filed against the fire department. The first suit was settled in 2006 on undisclosed terms. She returned to work in 2006 after three and on half years of sick leave, but over the following two years she worked a total of just 13 shifts before resigning in May of 2008.

Tilke claims she cannot return to work because of the psychological trauma she has had to endure. She claims she has experienced issues with anxiety, depression and post traumatic stress disorder.

In her earlier suit, she alleged that firefighters made a fake camera and pointed it toward the women’s room as part of the campaign against her. The department said the camera was an obvious fake made from a cardboard box, and was used around the station as a joke. In this case it was positioned outside the women’s room as a reminder to the men not to use it. Tilke had complained that men were using the women’s room in her absence.

Tilke’s latest suit alleges unfair dismissal, sex discrimination, breach of contract and an action under the disability discrimination act.  It follows a series of appeals centered around her resignation in which she alleged she was  “constructively terminated”.

As in the US, a constructive termination occurs when an employer’s wrongful conduct is so outrageous that an employee who resigns is legally considered to have been fired. The basis for her claim of constructive termination centered on two emails that were exchanged between the fire chief and union officials in 2006.  In December, 2010 the appellate court ruled that the time between the emails in 2006 and her resignation in 2008 was too long to be used as the basis to allege constructive termination.

No word on when the sexual harassment and disability discrimination case will be coming to trial.

Posted in Civil Suit, Discrimination, International, Sexual Harassment, Wrongful termination

British Firefighter Found Not Guilty in Fatal Apparatus Case

The jury has returned a not guilty verdict in the case I reported on earlier this week of Bedfordshire firefighter Robert Hulatt, charged with one count of causing a death by dangerous driving, and a lesser charge of causing death by careless driving.

Hulatt was driving an engine company to a house fire on September 11, 2009 when his truck collided with another vehicle in an intersection, killing a 52 year old man and injuring 10 others. Hulatt was found not guilty of both charges.

For more on the story, including a good account of Hulatt’s testimony, click here.

Posted in Apparatus, Criminal Law, International

British Firefighter On Trial in Fatal Apparatus Accident

A British firefighter is facing a retrial on charges stemming from a 2009 apparatus accident that killed a civilian, and injured 10 others.

Bedfordshire firefighter Robert Hulatt, 28 was responding to a house fire on September 11, 2009 when his truck collided with another vehicle in an intersection. The accident fatally injured Abdul Lateef Kadri Sheikh, who died 25 days later.

At the time of the accident, Hulatt had the red light. He was charged with causing a death by dangerous driving, and a lesser charge of causing death by careless driving.

A jury failed to reach a verdict in December, 2010, and the case is now being retried. Prosecutor Wayne Cleaver argued to the jury that: “The Crown says this was not an unfortunate accident, it was a collision which could and should have been avoided.”

Here is a video on the original accident.

Posted in Apparatus, Criminal Law, International, Manslaughter