LODD Widow Agrees to $250,000 Settlement
The widow of an FDNY Fire Lieutenant killed at a house fire in 2008 has reached a settlement with the homeowners.
Lt. Robert Ryan was killed on November 23, 2008 when a collapsing ceiling dislodged his SCBA. He died of smoke inhalation. Kathleen Ryan sued the homeowners, James and Lorraine Jefferson, alleging that the fire was caused by defective wiring in the house, and that electric heaters overtaxed an electrical outlet.
According to court papers, the case was settled for $250,000. More on the story.
Most cases like this are not successful due to a legal principle known as the Fireman’s Rule. Essentially, the Fireman’s Rule says that firefighters and police officers who are injured in the line of duty, cannot sue persons who (1) negligently caused the incident to which they responded; or (2) negligently created a dangerous condition at the scene that caused their injuries. There are a number of exceptions to the Fireman’s Rule, and as in this case, some jurisdictions limit its application.
Curt,
The article about the settlement does not give any details that sound out of the ordinary. Why did the court allow this suit to go forward?
Dave
Great question. NY has a unique law that allows firefighters to sue someone whose negligence violates a law and causes a firefighter’s injuries. It is New York General Municipal Law, Article 10, §205-a. Here is a link to the law.
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$GMU205-A$$@TXGMU0205-A+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=37429395+&TARGET=VIEW
I assume in the Ryan case that the homeowners (the Jeffersons) must have violated either the building or electrical code to serve as the basis for the suit.
Thanks for the follow up Curt. It’s an interesting statute. I am a little surprised it didn’t allow a municipality to sue to recover some of their damages.
Dave
Still thinking like a fire chief!!! (and I mean that it a good way)!!!. I would imagine the city would have a right of subrogation for medical expenses, comp costs, etc. In RI, the legislature enacted a law to specifically address that right, and even gave FDs a lien. That right may exist in NY as well even without a specific statute.