Civil SuitWrongful death

Baltimore City Fire and Instructors Face $35 Million Lawsuit in Death of Recruit

The family of a Baltimore City recruit firefighter who died in a training fire on February 9, 2007, have filed suit against the city and several fire officers for $35 million.

Racheal M. Wilson, age 29 and the mother of two, died from asphyxiation and burns following the live burn exercise conducted in an acquired structure. Investigations of the incident have revealed numerous safety violations that occurred during the training, leading to the termination of three members of the training academy staff.  All three were named in the lawsuit.

The NIOSH fatality report on the incident was recently released, and listed 11 recommendations, including complying with NFPA 1403, training instructors to NFPA 1041, providing training divisions with adequate resources, and proper screening of the physical and psychological suitability of candidates. The report indicates that Wilson was permitted to participate in the training exercise despite the documented fact that she suffered from mask phobia, and had in previous exercises removed her mask at inappropriate times.

The parties to the lawsuit had been involved in negotiations for over a year. The suit alleges "extraordinary negligence", and is expected to take at least a year to come to trial.

More on the story.

Curt Varone

Curt Varone has over 50 years of fire service experience and 40 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. Besides his law degree, he has a MS in Forensic Psychology. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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