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Staffing Now At Center Of Columbus Georgia Criminal Probe

Additional details are emerging about the police investigation of the Columbus Fire & EMS that we posted about last week. It appears the primary focus of the investigation relates to the staffing level of the first in engine at a fatal daycare fire in 2010, and whether documents were either falsified or removed.

The fire occurred on February 26, 2010, and claimed the life of 23-month-old Michael Dubard. Firefighters made numerous heroic rescues of other children during the blaze. A total of nine children were in the day care at the time of the fire, which was only allowed to care for six under state law.

The first arriving apparatus, Engine 7, was supposed to be staffed with five firefighters, but responded to fire with only three members. The reason for the discrepancy appears to be at the heart of the Georgia Bureau of Investigation (GBI)’s  search.

An internal Columbus Fire & EMS investigation concluded Engine 7 was missing two firefighters because the lieutenant was out with an injury, and minutes before the fire a battalion chief picked up a crew member to take him for a random drug test.

However, the GBI’s search warrant affidavit alleges that Engine 7 was understaffed because both missing firefighters had been taken for drug testing. The affidavit claims that fire department records were altered to show that only one was being drug-tested, while the second was out sick.

More on the story.

Posted in Criminal Law, Disciplinary Action, Evidence, Occupational Safety & Health, Open Records Laws, Staffing

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I’m Suing, You’re Suing, We’re All Suing In Utica

A new lawsuit has been filed in the aftermath of a fire in Utica, New York in 2009 that claimed the lives of four people. By my count, this is at least the sixth suit to come out of the blaze… and I freely admit I may have missed a few.

The fire at 102 James Street on September 20, 2009 killed Bruce Bush, 41; Douglas Crane, 24; Glenard Drake, 44; and Terry Singh, 28.

The first suit was filed by the landlord, Timothy Klotz, who alleged the fire department was negligent in fighting the fire, defamed him, and caused him to have a stroke and PTSD. Klotz is seeking $4.5 million in damages. In the second suit, Klotz  sued his insurance company.

The third suit was filed by the city of Utica against Klotz for the cost of demolishing his building after the fire, an estimated $130,000.

The fourth suit was filed by the families of three of the deceased victims against the city and Klotz in state court. The fifth suit was brought last September by the families of all four deceased victims who filed a federal civil rights suit against the city and Fire Chief Russell Brooks alleging a denial of due process (deliberate indifference).

The sixth and most recent suit was brought in state court by the last remaining victim’s family.  Here is more on the story.

 

I knew I should have taken the New York bar exam…. I wonder if Brad Pinsky has a spare office….

 

Footnote: Unfortunately I could not ascertain which of the families filed the latest suit… Apparently it was not “newsworthy” enough to be included in the news reports… Isn’t it amazing the details some reporters choose to leave out… For the record I spent 2 hours trying to track down that “minor detail” – if even the names of the three families who filed suit previously was listed somewhere – to no avail.

I did find two complaints for the complaint junkies out there:

Bush, et al v. City of Utica, et al Bush v City of Utica

Klotz v. City of Utica, et al Klotz v City of Utiica

Second footnote: the six cases listed above are not numbered in the order in which they were actually filed – they are listed in the order that I added them to my database. Sorry for any confusion. I have no way to determine the order they were filed in.

Posted in Civil Suit, Constitutional Rights, Municipal Liability, Negligence, Wrongful death, You Can't Make This Stuff Up

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Fatal Chicago High Rise Fire Prompts Early Court Action

The estate of a man killed in a high rise fire in Chicago last Tuesday, has filed a petition in Cook County Circuit Court to obtain access to 911 tapes and fire reports. The three alarm fire occurred in a 16 story building at 6730 South Shore Drive.

John Fasula, 50, a Chicago Transit Authority employee who worked part time in the building, died heroically in the blaze. He and a second employee, Jameel Johnson, rescued an elderly woman and were reportedly either firefighting the fire with extinguishers or searching for other victims when they were overcome. Johnson died as well.

The petition was filed by on Thursday by Patricia Fasula, the administrator of John’s estate. Besides records from the fire department, the petition also reportedly seeks records from the building’s owners and the police department

Here is more on the fire.

Here is more on the petition.

If there are any Illinois attorneys out there who can explain why it was necessary to file a petition in court 2 days after a fire in order to obtain the 911 and fire department records (that would appear to be public records anyway) please clue the rest of us in. Generally the only time petitions like this are used is when there is a concern that relevant evidence from the scene may be lost, discarded, or not preserved. Perhaps the news reports have the details about the petition wrong or perhaps there is something in Illinois law or practice that explains the reason for the petition.

Posted in Civil Suit, Discovery, Evidence

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Honolulu Captain Claims Whistleblower Violation

A veteran fire captain on the Honolulu Fire Department has filed suit against Fire Chief Kenneth Silva and the department alleging he was retaliated against for raising concerns about a fatal fire. Captain George Kaopuiki filed suit  last week in state Circuit Court alleging that his suspension and transfer were in violation of his free speech rights under the Federal and state constitutions and violate the Hawaii Whistleblowers’ Protection Act.

Captain Kaopuiki raised the concerns following a fire that claimed the life of 77-year old Karen Chikamori on December 14, 2011. Captain Kaopuiki found Chikamori and brought her out of the building alive and breathing, only to wait an extended period of time for EMS to arrive.

The Honolulu Star Advertiser reported that the concerns raised included:

  1. Not hooking up to the fire hydrant to ensure an ample water supply.
  2. Not initiating rescue search as soon as they could have if the water supply had been sufficiently ensured early on.
  3. EMS was not contacted for 19 minutes after the removal of the fire victim who was alive and breathing when Kaopuiki carried her out of the burning residence.
  4. The reasons these and other similar incidents are occurring is HFD’s lack of training.

The concerns were raised at a meeting that followed the fire. Shortly thereafter, the department initiated an investigation into Captain Kaopuiki’s treatment of a subordinate. The suit alleges the investigation was retaliation and orchestrated by Chief Silva.

More on the story.

 

Posted in Civil Suit, Constitutional Rights, Disciplinary Action, First Amendment

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Old 911 Technology Alleged to have Caused 28 Minute Delay In Deadly NY Fire

On December 23, 2009, Zia Ansari lost his father and two sisters in a fire in Erie County, New York. He is now filing suit against local officials alleging that a delay in dispatching fire apparatus contributed to the outcome.  The fire killed Faaiza Ansari and Saaiba Ansari,  and their father, Mohammad.

At 2:56 am, one of the sisters made a 911 call using a cellphone. However, it appears she was incapacitated and unable to speak. The call lasted 3 1/2 minutes, and all she could muster was a scream, but no explanation of the problem or address.

"All you could hear [on the call] was a woman screaming," Central Police Services Commissioner Peter M. Vito is quoted as saying. "You could not hear a smoke detector. If you had listened to that call, you would have assumed it was a domestic situation."

Authorities initially were only able to pinpoint the location of the call to within a 1,700-meter (one mile) radius. The cell phone used to make the 911 call was an older model. Newer cell phones contain GPS chips that allow 911 dispatchers to quickly pinpoint the location.

Further contributing to the delay in locating the address, the 911 system in place in Erie County did not have the most advanced call locator features, despite the fact that New York charges a 70 cent a month surcharge on cellphone bills for 911. Apparently funds that could have been used to improve the 911 system had been diverted to offset other budget problems.

The dispatchers worked diligently to narrow the location down, but that took precious time. Once the location was narrowed, police were dispatched to the area for reports of a woman screaming. It was only then that the fire was located. According the records, apparatus arrived on scene at 3:24 am, 28 minutes after the call came in.

Earlier this month, Ansari's lawyer obtained a State Supreme Court order directing Erie County, the Town of Cheektowaga, the Village of Depew and two wireless providers to preserve all records related to the December 23, 2009 blaze.

Posted in Civil Suit, Municipal Liability

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$40 Million Paid to Family of Deceased St. Louis Firefighter

Associated Press is reporting that the family of deceased St. Louis firefighter Derek Martin has finally received the money they were awarded by a jury in 2007, bringing to a close their suit against Survivair Respirators and its parent company, Bacou-Dalloz. Martin was killed on May 3, 2002 at a fire that also claimed the life of firefighter Robert Morrison.

The jury’s original verdict was $27 million, but was appealed to the Missouri Court of Appeals. After Survivair lost the appeal, the accrued interest brought to grand total to $40.4  million.

Posted in Civil Suit, Product Liability

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DeKalb Fatal Fire Report Released

The DeKalb County Fire Rescue released the report on why the initial crews dispatched to a reported house fire just after 1:00am on January 24, 2010, failed to find the fire, and returned in service. Crews were sent again to the same address at 6:18 am, and found the house well involved. One person died in the fire.

To download the report: Download DeKalb Fire Investigation Report N Houghton Court

To see the video report on the incident CLICK HERE.

Posted in Disciplinary Action, General legal issues

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Curlew, Washington Fatal Fire Sparks Lawsuit

Here is an interesting case arising out of a fatal fire in Curlew, Washington.



Posted in Civil Suit, Negligence

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